Current through Register 1518, March 29, 2024
520 CMR 6.07 shall apply to in-service training programs for company licenses for exempt companies as defined in 520 CMR 6.06.
(1)
Approval by Department. All individuals or organizations seeking to operate an in-service training program shall submit for the Department's approval:
(a) A completed application on a form furnished by the Department;
(b) Identification of Department-approved curricula or a copy of company curricula and training materials, all of which shall incorporate a classroom and a practical component;
(c) A list including the names and Massachusetts hoisting machinery license numbers of all instructors, a legible photocopy of instructors' Massachusetts hoisting machinery license, and legible photocopies of the company licenses; and
(d) A list of the type of equipment, including model and make, to be used in the company's in-service training program.
(2) The Department shall issue a certificate of approval for in-service training programs. Approval shall be contingent upon having a Massachusetts hoisting license holder in the applicant company's employ.
(3) All in-service training programs shall be supervised by a Massachusetts hoisting licensee of equal or greater grade of Massachusetts license, who shall verify by their printed name and legible signature on the company license that all those issued company licenses have fully participated in the program for which they have been issued a permit.
Method of Verification. Each program shall provide a means to ensure company license authenticity. Such means shall include, but not be limited to:
(a) Embossment of company license;
(b) Computer data transfer of program participants;
(c) Signature verification;
(d) Numbered company licenses;
(e) Date of issuance; and
(f) Date of expiration.
(4)
In-service Training Program. In-service training programs approved by the Department shall offer a program that, at a minimum, complies with the following requirements for each associated class of hoisting machinery licensure:
(a)
Class 1 (Hoisting) Licenses.
1. The minimum number of hours required for the issuance of a 1A, 1B, or 1C company license shall be four classroom hours and two classroom hours for the issuance of a 1D company license.
2. The minimum topics and texts included as part of the in-service training program curriculum for purposes of issuing a 1A, 1B, 1C, or 1D company license shall include but may not be limited to:
a. M.G.L. c. 146;
b.
520 CMR 6.00;
c.
520 CMR 14.00: Excavation and Trench Safety;
d. OSHA Standards 29 CFR 1926;
e. OSHA Standards 29 CFR 1910;
f. ANSI B30;
g. M.G.L. c. 82, § 40;
h. M.G.L. c. 82A;
i. M.G.L. c. 164, § 76D.
(b)
Class 2 (Excavation) Licenses.
1. The minimum number of hours required for the issuance of a 2A, 2B, 2C, and 2D company license shall be four classroom hours.
2. The minimum topics and texts included as part of the in-service training program curriculum for purposes of issuing a 2A, 2B, 2C, or 2D company license shall include but may not be limited to:
a. M.G.L. c. 146;
b.
520 CMR 6.00;
c.
520 CMR 14.00: Excavation and Trench Safety;
d. OSHA Standards 29 CFR 1926;
e. M.G.L. c. 82, § 40;
f. M.G.L. c. 82A;
g. M.G.L. c. 164, § 76D;
h.
220 CMR 99.00: Procedures for the Determination and Enforcement of Violations of M.G.L. c. 82, §§ 40 through 40E ("Dig Safe").
(c)
Class 3 (Electric and Pneumatic) Licenses.
1. The minimum number of hours required for the issuance of a 3A company license shall be four classroom hours.
2. The minimum topics and texts included as part of the in-service training program curriculum for purposes of issuing a 3A company license shall include but may not be limited to:
a. M.G.L. c. 146;
b.
520 CMR 6.00;
c. OSHA Standard 29 CFR 1926;
d. OSHA Standard 29 CFR 1910;
e. ANSI B30.
(d)
Class 4 (Specialty) Licenses.
1. The minimum number of hours required for the issuance of a 4B, 4C, 4D, 4E, 4F, or 4G company license shall be two hours.
2. The minimum topics and texts included as part of the in-service training program curriculum for purposes of issuing a 4B, 4C, 4D, 4E, 4F, or 4G company license shall include but may not be limited to:
a. M.G.L. c. 146;
b.
520 CMR 6.00;
c.
520 CMR 14.00: Excavation and Trench Safety;
d. OSHA Standards 29 CFR 1926;
e. OSHA Standards 29 CFR 1910;
f. ANSI B30;
g. M.G.L. c. 82, § 40;
h. M.G.L. c. 82A;
i. M.G.L. c. 164, § 76D;
j.
220 CMR 99.00: Procedures for the Determination and Enforcement of Violations of M.G.L. c. 82, §§ 40 through 40E ("Dig Safe").
(5)
Requirements for Company Licenses. Facilities shall issue a company license to those who satisfactorily complete an in-service training program and pass an examination. Company licenses shall contain the following information:
(a) Name of company licensee;
(b) Address of company licensee;
(c) Name and address of the institution or organization providing the in-service training program;
(d) The printed name and legible signature of a Massachusetts hoisting licensee verifying participant has completed the in-service training program;
(e) The license number of the licensee endorsing the company license;
(f) A photograph of the company licensee.
(6) Exempt companies that are approved to conduct in-service training programs shall keep uniform records of company licensees and have those records readily accessible to Inspectors of the Department upon request for a period of three years. They shall be responsible for the security and retention of all uniform company licenses and the proper issuance thereof. Instructors shall verify by signature that participants in in-service training programs have satisfactorily completed the necessary training.
(7)
Falsification of Documents. The falsification of attendance records or fraudulent issuance of company licenses by any Massachusetts hoisting licensee shall be grounds for initiating formal proceedings under M.G.L. c. 146, § 59 and c. 30A and may also be grounds for the immediate revocation or suspension of the approval to issue company licenses.
(8) Approval for any in-service training program shall be valid for two years from the date of issuance.
(9) Company licenses shall be carried on the person of the operator during all times the operator is operating hoisting machinery and shall be furnished for inspection by the operator at the request of an Inspector, the Chief or the Commissioner.
