Current through Register 1531, September 27, 2024
(1) Operators of hoisting machinery shall cease operating if ordered by the Department to do so. Conditions which shall warrant immediate cessation of operation may include but not limited to:
(a) Serious injury; or
(b) Any condition that is necessary for the preservation of the public health or safety as determined by the Inspector.
(2) Operators of hoisting machinery shall immediately surrender their hoisting license or temporary permit if ordered by the Department to do so pursuant to M.G.L. c. 146, § 53.
(3) Any person found operating hoisting machinery without a license, temporary permit, apprentice license or proper classification of hoisting license according to 520 CMR 6.00 shall immediately cease operating. Said person shall make his identity known to the Department with a valid government-issued form of photographic identification.
(4)
Notification/Investigation.
(a)
Notification. Any incident which results in serious injury, property damage, or any condition that is necessary for the preservation of the public health or safety at a site where hoisting machinery is operational shall be reported by the licensee operating the hoisting machinery or owner or owner's representative to the Department through the Department Incident Hotline at (508) 820-1444 within one hour from the time that the incident occurred or was discovered. The hoisting machinery shall not be moved or dismantled from the site of the incident until the Department has investigated the incident and approval is granted by an Inspector. The only exception to this requirement is for preservation of life and property, the removal of injured persons or bodies or to permit the flow of emergency vehicles. The hoisting machinery and area surrounding the hoisting machinery shall not be disturbed, cleaned, or altered in any way that will impede the investigation. The Department shall investigate the incident pursuant to M.G.L. c. 146, §§ 53, 54A and 55.
(b)
Investigation. In the event that an incident occurs in accordance to the provisions of 520 CMR 6.11(4)(a), the hoisting machinery shall be immediately shut down and secured by the operator until an Inspector has completed an investigation. No person shall move or alter the incident scene or the hoisting machinery, except to remove the victim(s), until the Inspector has completed the investigation and determined that the hoisting machinery is safe. Incidents shall be reported within one hour to the Department through the Department Incident Hotline at (508) 820-1444 and a written report shall be submitted to the Department within 48 hours. The hoisting machinery, operator, and owner of the hoisting machinery shall be accessible to the Department.
