Crane operator rules in New Jersey

This page reports what the official source says. It is not legal advice: ask the office named here. The sources are the Licensing of Crane Operators Act (N.J.S.A. 45:26-1 and following) and the rules under it (N.J.A.C. 12:121), both as reprinted by the New Jersey Department of Labor and Workforce Development, the department's Office of Public Safety Compliance page on crane operators, and a Montana Department of Labor and Industry paper that compares state crane licensing. The reprint says it is for ready reference only and that the official text is in the New Jersey Statutes Annotated and the New Jersey Administrative Code. The national picture is on the parent page, cranes in tree work.

At a glance

Item	What the sources say
Law	Licensing of Crane Operators Act, N.J.S.A. 45:26-1 and following; rules at N.J.A.C. 12:121
Regulator	Department of Labor and Workforce Development, Office of Public Safety Compliance
Cranes covered	Power-operated hoisting machine used in construction, demolition or excavation work, with a power-operated winch, a load line, a boom that moves sideways by rotating on a carrier, and a rated lifting capacity of 10 tons or more
Left out by name	Forklift, digger derrick truck, aircraft, bucket truck, knuckle boom, trolley boom, and any vehicle or machine without a power-operated winch and load line
License term	Five years, valid only together with an in-date certification
Fee	US$250.00 for five years (N.J.A.C. 12:121-4.6)

What the Act says

Section 45:26-7 says no person shall operate a crane, offer himself for employment as a crane operator or present himself as one unless licensed under the Act. A license is valid only together with an in-date certification and only in the specialty or specialties for which the operator is certified. The four specialties are the lattice boom crawler crane, the lattice boom truck crane, telescopic boom cranes with a capacity of more than 17.5 tons and telescopic boom cranes with a capacity of less than 17.5 tons.

Section 45:26-2 defines a crane as a power-operated hoisting machine used in construction, demolition or excavation work that has a power-operated winch, load line and a boom moving laterally by the rotation of the machine on a carrier, with a manufacturer-rated lifting capacity of ten tons or more. The same sentence says the term does not include a forklift, digger derrick truck, aircraft, bucket truck, knuckle boom, trolley boom or any vehicle or machine without a power-operated winch and load line. The Act does not define tree work and none of the pages read for this guide mentions it. The department's rules add that a ton means 2,000 pounds.

Section 45:26-8 sets four conditions for a license: the applicant is at least 18 years old, holds certification from the National Commission for the Certification of Crane Operators or an organization the board finds to offer an equivalent program under ASME B30.5 and the accreditation rules of the National Commission for Certifying Agencies, has at least 1,000 hours of crane-related experience, and keeps an in-date medical examiner's certification card. The department's page says the operator must carry the license, the certification and the medical certificate and show them to a State safety inspector on request.

What the rules and the department page add

The rules in N.J.A.C. 12:121-1.1 say the chapter does not apply to forklifts, digger derrick trucks, aircraft, bucket trucks, knuckle booms, trolley booms or machines with no power-operated winch and load line, nor to the military, police or fire departments acting in their public duties, nor to a person operating a crane under the direct supervision of a certified trainer on a training facility's grounds.
Rule 12:121-1.2 incorporates ASME B30.5-2000 and its later editions as a safety standard for operating cranes.
Rule 12:121-4.2 creates an Apprentice/Trainee Crane Operator Permit for an applicant who is at least 18 and attests to fewer than 1,000 hours of crane-related experience. The permit expires after one year, and the holder may operate a crane only under the guidance and supervision of a licensed operator for the same specialty.
The department page lists five approved certification agencies: Crane Institute Certification, the Electrical Industry Certifications Association, the National Center for Construction Education and Research, the National Commission for the Certification of Crane Operators and the Operating Engineers Certification Program.

Fees

Rule 12:121-4.6 sets the application fee at US$250.00 for five years, with the same US$250.00 for a five-year renewal. It adds a late fee of US$25.00 for a renewal not filed at least 45 days before expiry, a further US$50.00 if the license expired more than 365 days earlier, and US$25.00 for a replacement or duplicate. Rule 12:121-4.4 says a renewal application must be filed at least 45 days before expiry and that a license expired for more than one year is treated as an original application. The department page separately lists an annual fee of US$50.00 and a five-year fee of US$250.00. The rule adds that the Commissioner may adjust fees by amending the section.

Enforcement and penalties

Section 45:26-13 lets the Commissioner enter and inspect a place covered by the Act, order a violation to cease, and apply to the Superior Court for an injunction if an imminent hazard is not corrected. Section 45:26-14 sets the penalty for a first offense at not less than US$100 and not more than US$10,000, and for a second or later offense at not less than US$500 and not more than US$100,000. Rule 12:121-7.1 makes it unlawful for an employer to permit an unlicensed person to operate a crane, and says a violation by an employee acting within the scope of authority is also a violation by the employer. Rule 12:121-7.3 adds that a continuing violation counts as a separate offense for each day. The Commissioner may compromise a penalty after weighing the past record, cooperation, whether the violation was willful and whether it caused injury.

Where New Jersey sits among the states

A Montana Department of Labor and Industry paper on OSHA against state licensing names New Jersey among the states with specific crane or hoisting operator licensure requirements. It says that in a licensing state an operator must satisfy both the state licensing requirement and the federal OSHA qualification requirement as implemented through the employer.