Crane operator rules in Rhode Island

This page reports what the official source says. It is not legal advice: ask the office named here. The sources are sections of Chapter 28-26 (Hoisting Engineers) of the Rhode Island General Laws as published by the Rhode Island General Assembly, 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 fees and rules here are the statute's; the board's own rules on license types are not covered. The national picture is on the parent page, cranes in tree work.

At a glance

Item	What the sources say
Law	Chapter 28-26, Hoisting Engineers, R.I. Gen. Laws sections 28-26-1 to 28-26-16
Regulator	Division of professional regulation, with a seven-member Board of Examiners of Hoisting Engineers
Equipment covered	Hoisting or excavation equipment using steam, internal combustion engines, electric or compressed air of 5 horsepower or more, or able to lift more than 500 pounds
License term	Biennial
Penalty	US$1,500 to US$2,000 per offense, each day a separate offense

What needs a license

Section 28-26-5(a) says no person shall operate or be in direct charge of hoisting or excavation equipment that uses steam, internal combustion engines, electric or compressed air of five horsepower or more, or that can lift more than 500 pounds, without a license under the chapter. It says no user or agent of a user of that machinery shall permit it to be operated except by a duly licensed person. Subsection (b) says every public works construction contract with the state or a city or town must contain a clause embodying the section. The statute does not use the word crane in that test: it speaks of hoisting or excavation equipment by power and lifting capacity. The words crane, hoist, shovel and excavator appear in the exemption section, which says the chapter does not apply to any engine except one that operates a hoist, shovel, crane or excavator.

Who is exempt

Section 28-26-14(a) says the chapter does not apply to engineers under the jurisdiction of the United States, to engineers or operators employed by public utilities, or to agriculturists, fishers, horticulturists and individuals using their personal farm equipment to do volunteer services on land trust property. Subsection (b) takes powered industrial forklift trucks out of the chapter, with employer or third-party certification in general industry only, but says a forklift operator in the construction field must hold a Rhode Island state hoisting engineer's license along with an operator's certification. The statute does not define the word horticulturist and none of the pages read for this guide says whether tree work falls under it.

Licenses and examination

Section 28-26-6 says each license specifies the types of equipment its holder may operate and leaves the license types to rules written by the board. Section 28-26-7 says an applicant applies on a form from the division, submits a notarized list of work experience and passes an examination, with the application received 15 working days before the examination date. An applicant for a full license, a hydraulic crane license or a lattice crane license must also include a valid medical health card and a separate notarized statement of all work-related experience, including all equipment trained on or operated. An applicant for a construction forklift license or a full license must include a copy of an OSHA forklift certification. Section 28-26-8 says an initial license may be subject to a field examination before renewal and that the division can revoke a license for fraud in obtaining it or for becoming unfit to discharge the duties. It adds that licenses will not be issued to individuals who have not paid their violations in full.

Fees, term and penalty

Section 28-26-9 makes licenses expire every two years, on a fixed date or the licensee's birthday as the board provides by rule. Section 28-26-10 sets the fees:

US$75.00 for each application for an examination;
US$96.00 every two years for a full license;
US$84.00 every two years for a hoisting license;
US$72.00 every two years for an excavating license;
US$60.00 every two years for a limited license.

Section 28-26-11 says an engineer, or a user or agent of the machinery, who violates the chapter shall be fined not less than US$1,500 and not more than US$2,000 per offense, and each day on which a violation occurs is a separate offense. Section 28-26-12.1 gives the division's hoisting engineer investigators the right to enter, while hoisting or excavating work is being done, any commercial building, structure or premises where it is done, except any that the law exempts, to check compliance.

OSHA and the Rhode Island 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 for operation within its jurisdiction if the licensing program meets listed criteria, and that such a license is valid for the period the office sets but no longer than 5 years. The Rhode Island license is renewed every two years under section 28-26-9. A Montana Department of Labor and Industry paper on OSHA against state licensing names Rhode Island among the states with specific crane or hoisting operator licensure requirements.