Crane operator rules in Maryland

This page reports what the official source says. It is not legal advice: ask the office named here. The sources are regulations .02, .04, .05, .06 and .07 of COMAR 09.12.26, as published in the Library of Maryland Regulations, the Maryland Department of Labor page that lists the state's MOSH-specific standards, and a Montana Department of Labor and Industry paper that compares state crane licensing. The national picture is on the parent page, cranes in tree work.

At a glance

Item	What the sources say
Rules	COMAR 09.12.26, Crane Safety, in the Division of Labor and Industry; tower crane operators have their own chapter, COMAR 09.12.27
Regulator	Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry
Equipment covered	Power-driven machines on construction and demolition work that are able to raise, lower and sideways-shift a hanging load
Named exclusion	Regulation .02C(12): "Tree trimming and tree removal work"
Operator credential	Qualification or certification, from an accredited testing organization or an audited employer program, valid for 5 years
Cost to the operator	None: the employer provides the training and certification

Scope and what the chapter leaves out

Regulation .01 gives the chapter's purpose as preventing incidents that cause property damage, injury and death related to the operation of cranes used in construction and demolition. Regulation .02A sets the chapter's reach over power-driven machines working on construction and demolition that are able to raise, lower and sideways-shift a hanging load, and .02B extends it to every crane operator, signal person, rigger and crane operator trainee.

Regulation .02C lists thirteen exclusions. They include power shovels and excavators converted for non-hoisting use, tow trucks clearing wrecks, digger derricks used for poles carrying electric and telecommunication lines, vehicle-mounted aerial devices for lifting personnel and self-propelled elevating work platforms, forklifts unless configured to hoist by winch or hook, mechanic's trucks with a hoisting device for equipment repair, and machinery that hoists by come-along or chainfall. Item (12) is "Tree trimming and tree removal work." Item (13) excludes articulating or knuckle-boom truck cranes when delivering material to a construction site in the ways it describes. Subsection D says the chapter does apply to those cranes when they hold or support material while it is attached, handle prefabricated components or structural steel, or do an activity not excluded by item (13).

Operator qualification

Regulation .06A says an employer shall ensure that, before operating covered equipment, a person is qualified or certified. Subsection B says the requirement does not apply to equipment with a maximum manufacturer-rated hoisting or lifting capacity of 2,000 pounds or less. Subsection C makes the employer the one who supplies the training and the qualification or certification, with the employee paying nothing. There are two routes:

Accredited testing organization. Subsection D describes an organization accredited by a nationally recognized accrediting agency, with written and practical tests covering the knowledge and skills listed in 29 CFR 1926.1427(j), certification levels by equipment capacity and type, retesting procedures, and accreditation reviewed at least every 3 years. A certification issued this way is portable and valid for 5 years.
Audited employer program. Subsection E lets an employer qualify its operators through its own program, with tests developed by an accredited organization or approved by a certified auditor who is not the employer's employee. The program is audited within 3 months of starting and at least every 3 years afterward. A qualification this way is not portable, is valid while the operator works for the issuing employer and is valid for 5 years.

Subsection G allows tests to be given verbally or in any language the candidate understands, and says the certificate notes the language of the test. Subsection I requires that every 2 years the employer gets medical documentation from the operator: proof of a physician's examination that meets paragraph 3.1.2 of ASME B30.5-2007, or a medical examination certificate acceptable for a commercial driver's license.

Trainees and drug and alcohol testing

Regulation .07 lets an employee who is not qualified or certified operate a crane as a trainee only where the trainee understands 29 CFR 1926.1427(f)(1), (f)(2) and parts of (f)(3), the trainer is qualified or certified and familiar with the equipment's controls, and the trainer directly supervises the trainee at all times. Regulation .05 labels four jobs safety sensitive: crane operator, signal person, rigger and crane operator trainee. An employer that has any of them must keep a drug and alcohol free workplace policy with testing at the start of employment, on reasonable suspicion and randomly, and no later than 24 hours after an incident caused directly or indirectly by crane operations involving property damage greater than US$5,000, bodily injury or a fatality.

Incorporated standards and the state's place among others

Regulation .04 incorporates most of 29 CFR 1926.1402 to 1926.1441, with changes it lists, together with ASME B30.3-2004, B30.5-2007 and B30.6-2003 and ANSI/ASSE A10.42-2000 on rigging qualifications. A Montana Department of Labor and Industry paper on OSHA against state licensing lists Maryland with the states where a rule or statute calls for certification from a national accreditor, without the state always granting its own operator licence. The Maryland Department of Labor lists Maryland Crane Safety and Tower Crane Operator Certification as separate MOSH-specific standards.