S.B. 205

1

CERTIFICATION OF CRANE OPERATORS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Gene Davis
5
6 LONG TITLE
7 General Description:
8 This bill modifies the Occupations and Professions Title by enacting the Crane
9 Operators Certification Act.
10 Highlighted Provisions:
11 This bill:
12 . provides for certification of crane operators by the Division of Occupational and
13 Professional Licensing;
14 . provides for definitions relating to the certification of crane operators;
15 . creates the Crane Operators Board and sets forth its membership and duties;
16 . provides qualifications for certification as a crane operator;
17 . provides for the term of a certificate and its renewal;
18 . provides the grounds for refusing to issue or renew or to revoke, suspend, or restrict
19 a certificate; and
20 . provides a penalty for violations of the act.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill takes effect on January 1, 2005.
25 Utah Code Sections Affected:
26 ENACTS:
27 58-78-101, Utah Code Annotated 1953

28 58-78-102, Utah Code Annotated 1953
29 58-78-103, Utah Code Annotated 1953
30 58-78-104, Utah Code Annotated 1953
31 58-78-105, Utah Code Annotated 1953
32 58-78-106, Utah Code Annotated 1953
33 58-78-107, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 58-78-101 is enacted to read:
37 CHAPTER 78. CRANE OPERATORS CERTIFICATION ACT
38 58-78-101. Title.
39 This chapter is known as the "Crane Operators Certification Act."
40 Section 2. Section 58-78-102 is enacted to read:
41 58-78-102. Definitions.
42 In addition to the definitions in Section 58-1-102 , as used in this chapter:
43 (1) "Board" means the Crane Operators Board created in Section 58-78-103 .
44 (2) "Certification" means certification from the National Commission for the
45 Certification of Crane Operators or any other organization determined by the division in
46 consultation with the board to offer an equivalent testing and certification program meeting the
47 requirements of the American Society of Mechanical Engineers ASME B30.5 and the
48 accreditation requirements of the National Commission for Certifying Agencies.
49 (3) "Crane" means a power-operated hoisting machine used in construction,
50 demolition, or excavation work that has a power-operated winch, load line, and boom moving
51 laterally by the rotation of the machine on a carrier and has a manufacturer-rated lifting
52 capacity of at least ten tons. It does not include a forklift, digger derrick truck, aircraft, bucket
53 truck, knuckle boom, trolley boom, or a vehicle or machine not having a power-operated winch
54 and load line.
55 (4) "Crane operator" means an individual engaged in operating a crane.
56 (5) "Crane related experience" means operating, inspecting, training, and maintenance
57 experience acceptable to the division.
58 (6) "Practical examination" means an examination demonstrating the applicant's ability

59 to safely operate any one or a combination of the following types of cranes:
60 (a) a lattice boom crawler or truck crane;
61 (b) a telescopic boom crane having a capacity of less than 17.5 tons; or
62 (c) a telescopic boom crane having a capacity of more than 17.5 tons.
63 (7) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further
64 defined by rule includes failing to maintain a level of professional practice consistent with all
65 initial and subsequent requirements by which certification is achieved or maintained under this
66 chapter.
67 Section 3. Section 58-78-103 is enacted to read:
68 58-78-103. Board created -- Duties.
69 (1) There is created the Crane Operators Board consisting of:
70 (a) four crane operators; and
71 (b) one member of the general public.
72 (2) For a period of one year after the enactment of this section, the crane operator
73 members appointed to the board need not be certified as crane operators under this chapter in
74 order to serve on the board.
75 (3) Board members shall be appointed and serve in accordance with Section 58-1-201 ,
76 except as otherwise provided in Subsection (2).
77 (4) (a) The duties of the board shall be in accordance with Sections 58-1-202 and
78 58-1-203 .
79 (b) The board shall also assist the division in:
80 (i) adopting standards for certification that are consistent with applicable certification
81 requirements of one or more established and nationally recognized crane operator certification
82 programs recognized by the federal Occupational Safety and Health Administration; and
83 (ii) adopting and publishing a code of ethics and standards of practice for certified
84 crane operators.
85 Section 4. Section 58-78-104 is enacted to read:
86 58-78-104. Qualifications for certification.
87 An applicant for certification under this chapter shall:
88 (1) be at least 18 years old;
89 (2) be of good moral character;

90 (3) submit an application in a form prescribed by the division;
91 (4) pay a fee determined by the department under Section 63-38-3.2 ;
92 (5) provide documentation that the applicant has been certified by the National
93 Commission for the Certification of Crane Operators or any other organization found by the
94 division to offer an equivalent testing and certification program meeting the requirements of
95 the "American Society of Mechanical Engineers ASME B30.5 and the accreditation
96 requirements of the National Commission for Certifying Agencies or pass a written
97 examination developed, validated, and administered in accordance with the Standards for
98 Educational and Psychological Testing that tests knowledge and skills identified as necessary
99 for safe crane operations;
100 (6) have at least 1,000 hours of crane related experience; and
101 (7) be medically and physically capable of performing the duties of a crane operator.
102 Section 5. Section 58-78-105 is enacted to read:
103 58-78-105. Term of certificate -- Expiration -- Renewal.
104 (1) The division shall issue a crane operator certificate:
105 (a) to an applicant who meets the qualifications required under Section 58-78-104 ; and
106 (b) in accordance with a two-year renewal cycle established by division rule.
107 (2) The division may by rule extend or shorten a renewal period by as much as one year
108 to stagger the renewal cycles it administers.
109 (3) Each certificate issued under this chapter expires on the expiration date shown on
110 the certificate unless renewed in accordance with Section 58-1-308 .
111 Section 6. Section 58-78-106 is enacted to read:
112 58-78-106. Grounds for action regarding certificate.
113 The division's grounds for refusing to issue a certificate to an applicant, for refusing to
114 renew a certificate, for revoking, suspending, restricting, or placing on probation the certificate
115 of a certificate holder, for issuing a public or private reprimand to a certificate holder, and for
116 issuing a cease and desist order are as provided under Section 58-1-401 , and also include
117 having:
118 (1) engaged in unprofessional conduct;
119 (2) obtained a certification by fraud or deceit;
120 (3) fraudulently or deceitfully performed work for which certification is required under

121 this chapter;
122 (4) committed an act of gross negligence as a crane operator;
123 (5) engaged in false advertising;
124 (6) acted in a manner which demonstrates incompetence; or
125 (7) caused or contributed in any manner that directly or indirectly results in an injury to
126 a person or damage to property.
127 Section 7. Section 58-78-107 is enacted to read:
128 58-78-107. Violation -- Misdemeanor.
129 The violation of any provision of this chapter is a misdemeanor.
130 Section 8. Effective date.
131 This bill takes effect on January 1, 2005.




Legislative Review Note
as of 2-18-04 2:31 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel