Crane operator rules in Massachusetts

This page reports what the official source says. It is not legal advice: ask the office named here. The sources are sections 53, 54 and 59 of Chapter 146 of the Massachusetts General Laws as published by the Massachusetts Legislature, OSHA's operator qualification rule at 29 CFR 1926.1427, and a Montana Department of Labor and Industry paper that compares state crane licensing. The classes and test details sit in the division's regulations and are not covered here. The national picture is on the parent page, cranes in tree work.

At a glance

Item	What the sources say
Law	M.G.L. Chapter 146, sections 53 and 54 (licenses and permits), section 59 (suspension and revocation)
Regulator	Division of Occupational Licensure, with its Office of Public Safety and Inspections
What is needed	A license, or for compact equipment a temporary permit, to operate hoisting machinery
Named categories	At least one category for cranes and similar equipment and one for excavating equipment
Carried while operating	The license or permit, plus a valid driver's license for compact equipment

What section 53 requires

Section 53(a) says no person shall operate derricks, cableways, machinery used for discharging cargoes, or temporary elevator cars used on excavation work or for hoisting building material, when the motive power is mechanical and other than steam, unless the person holds a license or a temporary permit. It says the owner or user of the machinery shall not operate it or cause it to be operated unless the operator is duly licensed or holds a temporary permit. An operator of such machinery used exclusively for agricultural purposes is exempt.

Under subsection (b) the commissioner of the Division of Occupational Licensure classifies hoisting machinery by size, weight, common usage, capacity, power source or other characteristics, and at least one category must include cranes and other similar equipment and one must include excavating equipment. The commissioner writes rules on the classes and on issuing, denying, renewing, suspending and revoking licenses or temporary permits. The criteria for a license include training and experience requirements suited to each category. The criteria for a temporary permit are tied to compact equipment. The section does not use the words tree work, tree removal or arboriculture.

Exemptions

Subsection (e) exempts a public utility company that operates self-propelled truck-mounted cranes, derricks and similar hoisting equipment to maintain and build its own equipment, if at least one supervisory employee holds a division license and is the responsible person in charge, and the company runs an in-service training program the division has approved.
Subsection (f) extends a similar exemption to other companies whose cranes and derricks are operated only on public utility property, and to a company whose employees work at a utility's direction restoring service after weather or another emergency damaging property or equipment, with written or electronic notice to the commissioner before the work starts.
Subsection (g) covers industrial lift trucks, forklifts, overhead cranes and other equipment the division specifically authorizes for use only on company property.
Subsections (h) and (i) cover a public vocational high school program and a recognized operating engineer apprentice training facility, each with a licensed supervising instructor on site.

Carrying the license, suspension and revocation

Section 54 says the license or temporary permit must be carried on the person of the operator or apprentice operator while operating, and for a temporary permit to operate compact hoisting equipment the operator must also carry a valid driver's license. Section 53(d) lets an inspector of the Office of Public Safety and Inspections order an immediate suspension or revocation when needed to preserve public health or safety, pending a hearing. Section 59 says a license to operate hoisting machinery shall be suspended or revoked for incompetence or untrustworthiness of the holder, and that a willfully false statement in the application is sufficient cause for revocation at any time. Section 53(b) adds that a final adjudication of a violation of federal or state occupational safety and health regulations is cause to deny, suspend or revoke a license or permit.

OSHA and the state license

OSHA's rule at 29 CFR 1926.1427(c)(1) says that when a state or local government issues operator licenses for equipment covered by the construction crane standard, the operator must be licensed by that government if its program meets listed criteria. A Montana Department of Labor and Industry paper on OSHA against state licensing names Massachusetts among the states with specific crane or hoisting operator licensure requirements, and says that in a licensing state an operator must satisfy both the state license and the federal OSHA qualification requirement as implemented through the employer.