Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) General requirements for operators. The
employer shall ensure that each operator is trained, certified/licensed, and
evaluated in accordance with this section, prior to operating any equipment
covered under this Group 13, or the person is operating the equipment during a
training period as an operator-in-training in accordance with subsection
(b).
(b) Operator training. The
employer shall provide each operator-in-training with sufficient training,
through a combination of formal and practical instruction, prior to operating
the equipment to enable the operator-in training to operate the equipment
safely under limitations established by this section and any additional
limitations established by the employer.
(1)
The employer shall provide instruction on the knowledge and skills listed in
subsection (g) to the operator-in-training.
(2) The operator-in-training shall be
continuously monitored on site by a trainer while operating
equipment.
(3) The employer may
only assign tasks within the operator-in-training's ability. However, except as
provided in subsection (b)(3)(E), the operator-in-training shall not operate
the equipment in any of the following circumstances unless certified in
accordance with subsection (c):
(A) If any
part of the equipment, load line or load (including rigging and lifting
accessories), if operated up to the equipment's maximum working radius in the
work zone [see Section
5003.1(a)(1)],
could get within 20 feet of a power line that is up to 350 kV, or within 50
feet of a power line that is over 350 kV.
(B) If the equipment is used to hoist
personnel.
(C) In
multiple-equipment lifts.
(D) If
the equipment is used over a shaft, cofferdam, or in a tank farm.
(E) In multiple-lift rigging operations,
except where the operator's trainer determines that the operator-in-training
skills are sufficient for this high-skill work.
(4) The employer shall ensure that an
employee who is not qualified or certified under this section is permitted to
operate equipment only as an operator-in-training and is monitored as follows
when operating equipment covered by this Group 13.
(A) Trainees may be authorized to operate
equipment provided they are under the direct supervision of an individual
("operator's trainer") who meets all of the following requirements:
1. The term direct supervision means the
supervising individual ("operator's trainer") is in the immediate area of the
trainee and within visual sighting distance and able to effectively communicate
with the trainee. When performing direct supervision, the supervising operator
shall have no other duties other than to observe the operation of the crane by
the trainee.
2. The operator's
trainer shall be an employee or agent of the operator-in-training's
employer.
3. The operator's trainer
has the knowledge, training and experience necessary to direct the
operator-in-training on the equipment in use and possesses a valid certificate
of competency for the type of crane operated by the
trainee.
(B) For
equipment other than tower cranes: The operator's trainer and the
operator-in-training shall be in direct line of sight of each other. In
addition, they shall communicate verbally or by hand signals. For tower cranes:
The operator's trainer and the operator-in-training shall be in direct
communication with each other.
(5) Retraining. The employer shall provide
retraining in relevant topics for each operator when, based on the performance
of the operator or an evaluation of the operator's knowledge, there is an
indication that retraining is necessary.
(c) Operator certification and licensing. The
employer shall ensure that each operator is certified or licensed to operate
the equipment in accordance with subsection (d) Option 1, or (e) Option 2 as
follows.
(1) Whenever operator certification
or licensure is required under this section, the employer shall provide the
certification or licensure at no cost to employees.
(d) Option (1): Certification by an
accredited crane operator certifying entity.
(1) Certification. Certificates shall be
valid for a maximum of five (5) years. An Accredited Certifying Entity shall
issue the certificate of competency to operators who successfully demonstrate
the qualifications set forth in subsection (g).
(A) An operator will be deemed qualified to
operate a particular piece of equipment if the operator is certified under this
subsection for that type, or type and capacity of equipment or for
higher-capacity equipment of that type. If no accredited testing agency offers
certification examinations for a particular type of equipment, an operator will
be deemed to have complied with the certification requirements for this section
for that equipment if the operator has been certified for the type that is most
similar to that equipment and for which a certification examination is
available. The operator's certificate shall state the type of equipment for
which the operator is certified.
(B) A certification issued under this option
(Option 1) is portable and meets the requirements of subsection
(a)(2).
(2) For a
certification to satisfy the requirements of this option, the crane operator
testing organization providing the certification shall be accredited by an
approved nationally recognized accrediting agency based on that agency's
determination that industry-recognized criteria for written testing materials,
practical examinations, test administration, grading, facilities/equipment, and
personnel have been met.
(A) The accredited
certifying entity shall have its accreditation reviewed by the nationally
recognized accrediting agency at least every three (3)
years.
(3)
Re-certification. Crane operators shall re-certify every five (5) years and
shall be required to meet all of the qualifications set forth in subsection
(d)(1). Operators with at least one-thousand (1,000) hours of documented
experience operating the specific type of crane for which re-certification is
sought as covered by this section during the immediately preceding
certification period and who meet the physical examination, substance abuse,
and written examination requirements set forth in subsection (g)(1)-(g)(3)
shall not be required to take the "hands-on" examination specified in
subsection (g)(4) to re-certify.
(4) The accredited certifying entity shall
have procedures for operators to re-apply and be re-tested in the event an
operator applicant fails a test or is decertified.
(e) Option 2: Licensing by a government
entity.
(1) For purposes of this section, a
government licensing department/office that issues operator licenses for
operating equipment covered by this Group 13 is considered a government
accredited crane operator testing organization if the criteria in subsection
(e)(2) are met.
(2) Licensing
criteria.
(A) The requirements for obtaining
the license include passing a physical examination and a substance abuse test
as prescribed in subsections (g)(1) and (g)(2) and an assessment, by written
and practical tests, of the operator applicant regarding, at a minimum, the
knowledge and skills listed in subsections (g)(3) and (g)(4).
(B) The testing meets industry recognized
criteria for written testing materials, practical examinations, test
administration, grading, facilities/equipment and personnel.
(C) The government authority that oversees
the licensing department/office, has determined that the requirements in
subsections (e)(2)(A) and (B) have been met.
(D) The licensing department/office has
testing procedures for re-licensing designed to ensure that the operator
continues to meet the requirements in subsection (g).
(3) A license issued by a government
accredited crane operator testing organization that meets the requirements of
this option:
(A) Meets the operator
qualification requirements of this section for operation of equipment only
within the jurisdiction of the government entity.
(B) Is valid for the period of time
stipulated by the licensing department/office, but no longer than 5
years.
(f)
Evaluation.
(1) The employer shall ensure
through an evaluation that each operator is qualified by a demonstration of:
(A) The skills and knowledge, as well as the
ability to recognize and avert risk, necessary to operate the equipment safely,
including those specific to the safety devices, operational aids, software, and
the size and configuration of the equipment. Size and configuration includes,
but is not limited to, lifting capacity, boom length, attachments, luffing jib,
and counterweight set-up.
(B) The
ability to perform the hoisting activities required for assigned work,
including, if applicable, blind lifts, personnel hoisting, and multi-crane
lifts.
(2) For operators
employed prior to April 6, 2020, the employer may rely on its previous
assessments of the operator in lieu of conducting a new evaluation of that
operator's existing knowledge and skills.
(3) The evaluation required under subsection
(f)(1) shall be conducted by an individual who has the knowledge, training, and
experience necessary to assess equipment operators.
(4) The evaluator shall be an employee or
agent of the employer. Employers that assign evaluations to an agent retain the
duty to ensure that the requirements in subsection (f) are satisfied. Once the
evaluation is completed successfully, the employer may allow the operator to
operate other equipment that the employer can demonstrate does not require
substantially different skills, knowledge, or ability to recognize and avert
risk to operate.
(5) The employer
shall document the completion of the evaluation. This document shall provide:
The operator's name; the evaluator's name and signature; the date; and the
make, model, and configuration of equipment used in the evaluation. The
employer shall make the document available at the worksite while the operator
is employed by the employer. For operators assessed per subsection (f)(2), the
documentation shall reflect the date of the employer's determination of the
operator's abilities and the make, model and configuration of equipment on
which the operator has previously demonstrated competency.
(6) When an employer is required to provide
an operator with retraining under subsection (b)(5), the employer shall
re-evaluate the operator with respect to the subject of the retraining upon
completion.
(g)
Certification criteria. The employer shall only permit operators who have a
valid certificate of competency (certificate) issued in accordance with this
section by an Accredited Certifying Entity for the type of crane to be used to
operate a crane covered by this Group 13. Certificates shall be issued to
operators who:
(1) Pass a physical examination
conducted by a physician or other licensed health care professional (e.g.
physician's assistant or nurse practitioner) which at a minimum shall include
the examination criteria specified in the American Society of Mechanical
Engineers (ASME) B30.5-2000 standard, Chapter 5-3.1.2(a)(1-5, 7, 8) or the U.S.
Department of Transportation (US DOT) physical examination requirements
contained in 49 CFR Sections
391.41 through
391.49.
(2) Pass a substance abuse test. The level of
testing shall be consistent with the standard practice for the industry where
the crane is in use and this test shall be conducted by a recognized laboratory
service;
(3) Pass a written
examination developed, validated, and administered in accordance with generally
accepted industry best practices. The exam shall test knowledge and skills
identified as necessary for safe crane operations and shall, at a minimum,
demonstrate the following:
(A) The individual
knows the information necessary for safe operation of the specific type of
equipment the individual will operate, including all of the following:
1. The controls and operational/performance
characteristics.
2. Emergency
control skills, such as a response to fire, power line contact, loss of
stability, or control malfunction;
3. Use of, and the ability to calculate
(manually or with a calculator), load/capacity information on a variety of
configurations of the equipment.
4.
Procedures for preventing and responding to power line contact.
5. Technical knowledge of the subject matter
criteria listed in 29 CFR 1926, Subpart CC, Appendix C, applicable to the
specific type of equipment the individual will operate. Use of the Appendix C
criteria meets the requirements of this provision.
6. Technical knowledge applicable to the
suitability of the supporting ground and surface to handle expected loads, site
hazards, and site access.
7. This
Group 13, including applicable incorporated materials.
(B) The individual is able to read and locate
relevant information in the equipment manual and other materials containing
information referred to in subsection (g)(3)(A).
(4) Pass a "hands-on" examination to
demonstrate proficiency in operating the specific type of crane, which at a
minimum shall include the following:
(A)
Ability to recognize, from visual and auditory observation, the items listed in
Section 5031 (shift inspection).
(B) Operational and maneuvering
skills.
(C) Application of load
chart information.
(D) Application
of safe shut-down and securing procedures.
(h) Reciprocity. Operators trained, certified
under Option 1, evaluated, and certified under this Section
5006.2, are qualified to work on
projects in construction and in general industry.
EXCEPTIONS TO SECTION
5006.2:
(1) Operators of derricks and sideboom
cranes, or equipment with a maximum manufacturer-rated hoisting/lifting
capacity of 2,000 pounds or less are not required to comply with this section.
Note: The training and qualification requirements of Section
5006 will continue to apply in
those cases.
(2) Operator
qualification or certification under this section is not required for operation
of articulating/knuckle-boom cranes having a boom length of less than 25 feet
or a maximum rated load capacity of less than 15,000 pounds when used to
deliver material to a construction site.
(3) Operators of electric line trucks (digger
derrick trucks) as defined in Section
2700 of the Electrical Safety
Orders, and regulated by Section
2940.7 of the High Voltage
Electrical Safety Orders. This exception does not include mobile truck cranes
designed and built in accordance with the American Society of Mechanical
Engineers (ASME) B30.5 standards.
(4) Marine terminal operations regulated by
Article 14 of these Orders.
1. New
section filed 7-26-2022; operative 7-26-2022 pursuant to Government Code
section
11343.4(b)(3)
(Register 2022, No. 30). Filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Section
142.3, Labor
Code. Reference: Section
142.3, Labor
Code.