WVC 21-3D-2

H. B. 4004

(By Mr. Speaker, Mr. Kiss, and Delegates Martin,
Douglas, Pettit, Kuhn, Varner, and Stalnaker)

[Introduced January 12, 2000;
referred to the Committee on Industry and Labor
then Government Organization.]

A BILL to amend and reenact sections two, three and four, article three-d, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, providing for a six-month extension in implementing crane operator certification; permitting temporary certification for an additional six-month period in certain circumstances.

Be it enacted by the Legislature of West Virginia:

That sections two, three and four, article three-d, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3D. CRANE OPERATOR CERTIFICATION ACT.
§21-3D-2. Certification required; exemptions.

(a) Commencing with the first day of ~~January~~, July, two thousand and notwithstanding the provisions contained in subsection (b) of this section, a person may not operate a crane with a lifting capacity of five tons 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 United States, when such member or employee is engaged in the work of a crane operator exclusively for such governmental unit; or

(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 operating a crane on an emergency basis; or

(4) Is operating a crane for personal use and not for profit on the site of real property which the person owns or leases; or

(5) Is under the direct supervision of a certified crane operator, and

(A) Who is enrolled in an industry recognized in-house training course based on the American national standards institute standards for crane operators and who is employed by the entity that either taught the training course or contracted to have the training course taught, all of which is approved by the commissioner; or

(B) Who is enrolled in an apprenticeship program or training program for crane operators approved by the United States department of labor, bureau of apprenticeship and training;

(6) Is an employee of and operating a crane at the direction of any manufacturing plant or other industrial establishment, including any mill, factory, tannery, paper or pulp mill, mine, colliery, breaker or mineral processing operation, quarry, refinery or well, or is an employee of and operating a crane at the direction of the person, firm or corporation who owns or is operating such plant or establishment;

(7) Is an employee of a public utility operating a crane to perform work in connection with facilities used to provide a public service under the jurisdiction of the public service commission, federal energy regulatory commission or federal communications commission; or

(8) Is operating timbering harvesting machinery associated with the production of timber and the manufacturing of wood products.
§21-3D-3. Powers and duties of commissioner.

The commissioner shall:

(a) Propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, no later than the first day of July, one thousand nine hundred ninety-eight, which rules at the minimum shall include provisions for:

(1) Certification of individuals who operate cranes in the state of West Virginia, which certification process shall include a written examination and a practical demonstration, and shall utilize standards no less restrictive than those prescribed by the American society of mechanical engineers/American national standards institute safety code as of the effective date of this article: Provided, That the rule governing the practical examination shall be a separate rule and shall provide for the implementation of the practical examination on or before the first day of ~~January~~ July, two thousand one;

(2) Certification categories that shall include lattice boom truck cranes; lattice boom crawler cranes; small telescoping boom cranes, with a lifting capacity of at least five tons but not more than seventeen and one-half tons; and large telescopic boom cranes, with a lifting capacity greater than seventeen and one-half tons;

(3) Certification renewal requirements of individuals who operate cranes in the state of West Virginia, that may not be more restrictive than those prescribed for the individual's initial certification, but shall include a written examination and a current physician's certificate at least every five years;

(b) Prescribe application forms for original and renewal certification;

(c) Set application fees in amounts that are reasonable and necessary to defray the costs of the administration of this article in an amount not to exceed seventy-five dollars per year;

(d) Set examination fees in an amount not to exceed the actual cost of the examination;

(e) Administer or cause to be administered the written examination and practical demonstrations as required for certification;

(f) Determine the standards for acceptable performance on the written examination and practical demonstration: Provided, That the minimum standards shall be consistent with national standards and transferable to other states where possible;

(g) If requested by an individual who fails an examination, provide the person a written analysis of the person's performance on the examination;

(h) Take other action as necessary to enforce this article.
§21-3D-4. Minimum certification requirements.

(a) The commissioner shall certify an applicant who:

(1) Is at least eighteen years of age;

(2) Meets the application requirements as prescribed by rule;

(3) Passes the written examination;

(4) Passes the practical demonstration: Provided, That any person who documents at least two thousand hours of on-the-job experience operating a crane during the preceding four years next prior to filing for application is entitled to certification without a practical demonstration under this article if the person applies for certification no later than the first day of ~~January~~ July, two thousand, meets all other requirements and pays applicable application and examination fees;

(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 as of the effective date of this article, or an equivalent physician's certificate as approved by the commissioner; 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, and is valid for one year from the date on which it was issued.

(c) Notwithstanding any other provision of this section, the division of labor may issue a temporary certification, to expire on the first day of January, two thousand one, to an applicant who: (1) Documents at least two thousand hours of on-the-job experience during the preceding four years; (2) submits scores for the written examination; and (3) provides proof of attendance at an approved crane safety training course, in an application for certification filed not later than the first day of July, two thousand.

NOTE: This bill extends the dates for implementation of crane operators' certification by six months, and provides for an additional six month's temporary certification for applicants who meet certain requirements.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.