Code of Massachusetts Regulations
520 CMR - DEPARTMENT OF PUBLIC SAFETY
Title 520 CMR 6.00 - Hoisting Machinery
Section 6.01 - General Provisions, Scope, Definitions, Standards Adopted

(1) Scope. 520 CMR 6.00 is promulgated by the Department of Public Safety pursuant to authority granted by M.G.L. c. 146, § 53. The purpose of 520 CMR 6.00 is to establish reasonable requirements to protect the public safety of the citizens of the Commonwealth from the hazards inherent in the operation of hoisting machinery by establishing the minimum standards necessary to obtain a hoisting machinery operator's license or temporary permit and the minimum safety standards to be followed during the operation of hoisting machinery. 520 CMR 6.00 shall apply to hoisting machinery as defined in 520 CMR 6.01 that is used on private or public property for the erection, construction, alteration, demolition, repair or maintenance of buildings, structures, bridges, highways, roadways, dams, tunnels, sewers, underground buildings or structures, underground pipelines or ducts, and all other construction projects or facilities or other uses on private or public grounds including the warehousing and movement of materials, except when being used exclusively for agricultural purposes.

(2) Definitions. The following words and terms, when used in 520 CMR 6.00 shall have the following meanings unless the context clearly indicates otherwise or the term is redefined for a specific section or purpose:

ANSI. American National Standards Institute.

Apprentice License. A document issued by the Department upon proof of registration at a training facility and with the Division of Apprentice Training within the Department of Labor Standards, which enables the holder to operate hoisting machinery under the direct guidance and supervision of a duly licensed person licensed to operate the category of hoisting machinery for which documentation is issued.

Apprentice Licensee. A person, who is 18 years of age or older, is registered with the Department of Labor Standards, and has obtained an apprentice license to operate hoisting machinery while under the direct guidance and supervision of a duly licensed person.

ASME. American Society of Mechanical Engineers.

Cargo. A load, quantity, or volume that can be processed or transported.

Certificate of Completion. A uniform certificate issued by a training facility to a licensee upon the satisfactory completion of a continuing education curriculum.

Chief. The Chief of Inspections - Mechanical of the Department of Public Safety.

Commissioner. The Commissioner of the Department of Public Safety.

Compact Hoisting Machinery. Hoisting machinery with a gross vehicle weight not exceeding 10,000 pounds, excluding Class 1, Class 3, and Class 4 hoisting machinery as listed in 520 CMR 6.10. Hoisting machinery operated under a temporary permit shall not exceed a gross vehicle weight 8,000 pounds.

Company License. A license issued by an Exempt Company that has a Department approved in-service training program and which is only valid for hoisting machinery used on company property.

Company Property. Property which is owned or under the care and control of a tenant company under a lease or rental agreement.

Competent Person. One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous, and who has authorization to take prompt corrective measures to eliminate such conditions.

DAT. The Division of Apprentice Training.

Department. The Department of Public Safety.

DOT. The United States Department of Transportation.

Emergency Procedure. Actions required to be taken when imminent danger may occur to prevent damage to life, property, or to ensure public safety.

Fork Lift. Any mobile power-propelled truck used to carry, push, pull, lift, stack or tier materials, excluding earth moving, over the road haulage trucks, and equipment which was designed to move earth but has been modified to accept forks.

Hoisting Machinery. Derricks, cableways, machinery used for discharging cargoes, and temporary elevator cars used on excavation work or used for hoisting building material, when the motive power to operate such machinery is mechanical and other than steam, including but not limited to excavators, backhoes, front end loaders, uniloaders, skid loader, skid steer loaders, compact loaders or similar devices, lattice cranes, derricks, cranes with or without wire rope; all fork lifts, powered industrial lift trucks, overhead hoists (underhung), overhead cranes, underhung cranes, monorail cranes, lifting devices, cableways, powered platforms and any other equipment that has the minimum capability of hoisting the load higher than ten feet, and either the capability of lifting loads greater than 500 pounds or the capacity of the bucket exceeds 1/4 cubic yards; overhead bridge cranes, electric or air driven hoists, pendant controlled hoists, specialty equipment as categorized by license grade in 520 CMR 6.00.

Incident. A situation that results in serious injury, property damage, or any condition that is necessary for the preservation of the public health or safety.

Injury and Incident Documentation. A form furnished by the Department detailing all specific information regarding any serious injury, property damage or mechanical failure that may have occurred.

In-service Training. A company program that has been approved by the Department and is required for issuance of a company license by those companies that have been exempted from hoisting licensing requirements, pursuant to M.G.L. c. 146, § 53.

Inspector. A District Engineering Inspector employed by the Department.

Instructor. An individual duly licensed by the Department as a hoisting machinery operator who educates and trains licensees and apprentice licensees in the operation of hoisting machinery.

License. A document issued by the Department to an individual to operate a certain type and class of hoisting machinery.

Licensee. A person who is 18 years of age or older, and has completed the necessary requisites for licensure to operate hoisting machinery.

Manufacturer Approved Attachment. Attachable equipment tailored to perform a particular task, designed or approved for use in accordance with the equipment manufacturer's specifications and operational and safety requirements. In the event the manufacturer does not exist, a Massachusetts registered professional engineer shall review and approve, in writing, the actions and reasons for said specifications to the attachable equipment.

Mechanical Failure. Damage to or breakdown of hoisting machinery which affects the capacity or safe operation of the equipment per the manufacturer's specifications.

Modification. Alterations, extensions or repairs made to hoisting machinery which alter the machinery's original structure.

Operator's Manual. The document created by the manufacturer of the hoisting machinery that contains the required procedures and forms for the safe operation of hoisting machinery at the stated site pertaining to that specific equipment.

Placard. A Department issued certificate posted on hoisting machinery which acts as a notice of the unsafe condition of the machinery.

Property Damage. Damage of private or public property that exceeds $5,000 per incident.

Qualified Welder. A welder certified by the American Welding Society (AWS) or an acceptable alternative welding certification.

SAE. Society of Automotive Engineers.

Serious Injury. A personal injury/illness that results in death, dismemberment, significant disfigurement, permanent loss of the use of a body organ, member, function, or system, a compound fracture, or other significant injury/illness.

Short-term Rental Entity. A person or organization approved by the Department who is in the business of renting compact hoisting machinery for which a temporary permit is required.

Short-term Rental Entity Facilitator. An employee of the short-term rental entity who holds a Massachusetts hoisting license issued by the Department and is responsible for the written and practical training, examinations, and issuance of temporary permits.

Signal Person. A trained individual qualified in the use of signals to direct the operator of hoisting machinery and warn of possible or existing hazards through the use of hand signals, audible signals, or flashing lights. (See520 CMR 6.00: Appendix A)

Temporary Permit. A non-renewable permit to operate compact hoisting machinery, with a gross vehicle weight not exceeding 8,000 pounds, issued by a Department approved short-term rental entity for no more than 14 consecutive days.

Temporary Permit Holder. A person who is 18 years of age or older, holds a valid driver's license, and has obtained a temporary permit to operate compact hoisting machinery with a gross vehicle weight not exceeding 8,000 pounds.

Training Facility. A site, including buildings and machinery located thereon, that has been approved by the Department to train individuals in the safe operation of hoisting machinery and may also provide courses in continuing education for individuals licensed to operate hoisting machinery.

Training Period. The time during which an apprentice licensee participates in a training program on-site at a training facility.

Utility. Any organization or company which provides electricity, natural gas, phone or cable services to the public.

(3) Regulations and Standards Adopted. The standard for operation of hoisting machinery shall be in accordance with the following: