Crane operator rules in Pennsylvania

This page reports what the official source says. It is not legal advice: ask the office named here. The sources are the Crane Operator Licensure Act (Act of October 9, 2008, P.L. 1363, No. 100) as published by the Pennsylvania General Assembly, the Department of State's crane operator licensure snapshot, the State Board of Crane Operators' list of approved certifying organizations, 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
Law	Crane Operator Licensure Act, Act 100 of 2008
Regulator	State Board of Crane Operators, within the Department of State
Cranes covered	Power-operated hoisting machine with a winch, load line and boom that moves sideways by rotating on a carrier or base, rated at 15 tons or more; a tower crane rated at ten metric tons or more
Left out by name	Digger derrick truck, bucket truck, forklift, aircraft, tow truck, locomotive crane, and cranes used in coal mining, longshore work or manufacturing
License term	Two years (biennial)
Fees on the snapshot	US$100.00 initial, US$130.00 renewal

Which cranes the Act covers

Section 102 defines a crane as a power-operated hoisting machine that has a power-operated winch, load line and a boom moving laterally by the rotation of the machine on a carrier or base, with a manufacturer's rated maximum lifting capacity of 15 tons or more as specified in ASME B30.5. It says the term includes a derrick, a crawler crane and a wheel-mounted crane of both truck and self-propelled type, and a tower crane with a rated maximum capacity of ten metric tons or more. The same definition says the term does not include a crane or drag line used in coal mining, a forklift, a digger derrick truck, an aircraft, a bucket truck, a vehicle or machine without a power-operated winch, a tow truck or wrecking crane when used for towing or vehicle recovery, a locomotive crane, a load line or crane used in longshore or other intermodal operations, or a crane used in manufacturing. The definition does not mention tree work. The Act sets no construction-only test: the Department of State snapshot repeats the definition without one.

Who must be licensed

Section 501(a) says an individual may not operate a crane, offer himself for employment as one who may operate a crane, or hold himself out as a crane operator unless licensed by the board. Section 501(b) says a person, corporation, partnership, firm or other entity shall not employ an individual to operate a crane, or allow or direct an individual to operate one, unless that individual is licensed. A licensed operator may use the title licensed crane operator and the abbreviation L.C.O.

Section 501(c) lets a trainee operate a crane under immediate supervision while acquiring the experience needed for certification. The trainee must be at least 18, must have passed a written examination of the National Commission for the Certification of Crane Operators or an equivalent, and must have shown to the employer that he or she is physically capable of operating a crane. Section 102 defines immediate supervision as the crane operator being in the immediate area of the trainee, within visual sighting distance and able to communicate effectively with the trainee. Under section 501(d) the supervising operator has no other duties.

Qualifications and specialties

Section 502 says an applicant must be of good moral character, at least 18 years old, hold in-date certification and pay the fee the board sets. It bars a license for an individual convicted of a felony under the state controlled substance act unless ten years have passed and the applicant shows significant rehabilitation. Section 501(g) lists the specialties: tower crane, lattice boom crawler, lattice boom truck, telescopic boom crane with a rotating control station, telescopic boom crane with a fixed control station, and any other the board decides. Section 501(f) says a license is valid only together with in-date certification in the specialty for which the operator is certified.

The Department of State snapshot says the examination requirement is met by certification from a board-approved national certifying organization, and that the state has no degree, experience or continuing education requirement of its own. The board's list names five approved organizations: the National Commission for the Certification of Crane Operators, the National Center for Construction Education and Research, the Operating Engineers Certification Program, Crane Institute of America Certification and the Electrical Industry Certifications Association. The snapshot lists a US$100.00 initial fee, a US$130.00 biennial renewal fee, a US$70.00 application fee to add specialties and a US$5.00 fee to remove them. Section 701 leaves fees to the board by regulation.

Term, other states and penalties

Section 504 makes the license biennial and lets a licensee ask for inactive status without a fee. A person inactive for five consecutive years must meet the board's continued-competence rules before reactivation. Section 503 lets the board license an operator licensed elsewhere in the United States or Canada who holds certification from the National Commission for the Certification of Crane Operators, meets section 502 and pays the fee. Section 505 requires an operator licensed in other jurisdictions to report that, and any discipline elsewhere, to the board.

Section 702 as enacted makes a violation of the Act a misdemeanor of the third degree, with a fine of not more than US$1,000 or imprisonment of not more than six months for a first violation, and lets the board levy a civil penalty of up to US$1,000 after a hearing. A compiler's note on the legislature's copy says section 702 is repealed insofar as it conflicts with a later amendment of another act, and the note does not say which penalty provisions remain in force.

Where Pennsylvania sits among the states

A Montana Department of Labor and Industry paper on OSHA against state licensing names Pennsylvania 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 license and the federal OSHA qualification requirement as implemented through the employer.