Crane operator rules in West Virginia

This page reports what the official source says. It is not legal advice: ask the office named here. The source is the West Virginia Code, Chapter 21, Article 3D, which the Division of Labor administers through its Commissioner. The national background, including OSHA's construction crane rule and its tree work exclusion, is on the parent page, cranes in tree work.

At a glance

Item	What the Code says
Law	West Virginia Code, Chapter 21, Article 3D, Crane Operator Certification Act
Administered by	Commissioner of the Division of Labor
Certification rule	Certification issued according to 29 CFR 1926.1427, Subpart CC
Crane lifting capacity	More than 2,000 pounds, manufacturer's rating
Local licences	Barred for OSHA-certified operators from January 1, 2022

What counts as a crane

Section 21-3D-1 defines a crane as a power-operated hoisting machine used in construction, demolition or excavation work, with a power-operated winch and load line and a power-operated boom that moves laterally by the rotation of the machine on a carrier, and with a manufacturer's rated lifting capacity of more than 2,000 pounds. The section says a crane does not mean a forklift, digger, derrick truck, bucket truck, or any vehicle, aircraft or helicopter, or equipment which does not have a power-operated winch and load line. A tower crane is defined as a crane in which a boom, swinging jib or other structural member is mounted on a vertical mast or tower. The section does not mention tree work or knuckleboom cranes by name. It does name bucket trucks and derrick trucks as outside the definition. See section 21-3D-1 on definitions.

Who must be certified

Section 21-3D-2 says a person may not operate a crane or tower crane without certification issued according to OSHA regulation 29 CFR 1926.1427, Subpart CC, and any amendments made from time to time. It says certifications that would expire in calendar year 2021 do not expire until January 1, 2022, and that the Commissioner may enter into a cooperative agreement with OSHA to assist in enforcing the section. See section 21-3D-2 on certification required.

Section 21-3D-3 deals with local rules. On January 1, 2022 and after, a political subdivision of the state may not require, as a condition of operating a crane or tower crane there, any other licence or evidence of competence from a person certified according to 29 CFR 1926.1427, Subpart CC. See section 21-3D-3 on local ordinances.

Sections marked repealed

The Code pages for sections 21-3D-4 (minimum certification requirements), 21-3D-5 (denial, suspension, revocation or reinstatement of certification), 21-3D-6 (effect of accident), 21-3D-7 (penalties) and 21-3D-9 (reciprocity) read "[Repealed.]". Their bill history lists House Bill 2008 of the 2021 Regular Session among the acts that touched them. The Montana Department of Labor and Industry summary of state crane licensing lists West Virginia among the states with their own crane or hoisting operator licence rules. The Code sections read tie West Virginia certification to the federal OSHA rule instead, and the sections that set minimum requirements, discipline and penalties are marked repealed.

Fees

Section 21-3D-8 says all fees paid under the article go to the Commissioner of Labor and into a special revenue account called the Crane Operator Certification Fund, spent on carrying out and enforcing the article. It says funds remaining in the Fund on January 1, 2022 are to be appropriated by the Legislature. The section gives no fee amount. See section 21-3D-8 on the fund and fees.