(1) No contractor, construction manager or a qualified person designated as a supervisor of an operation under subsection 9-3302(2)(a) shall:
(a) permit any individual to operate a tower crane, or an assist crane that is used to erect, climb (jump), lower or dismantle a tower crane, unless such individual has been certified by NCCCO, or another organization that is NCCA or ANSI accredited which has equivalent testing and certification requirements. Such programs, at a minimum, shall meet the requirements of the current edition of ASME B30;
Exception: An individual may operate a tower crane without the required certification, provided such operation is performed under the direct supervision of a crane operator that is certified for the type of crane being operated, and the individual is currently enrolled in an apprenticeship or training program that is approved by the Commonwealth of Pennsylvania.
(b) permit any individual to provide hand signals or verbal communications to a tower crane operator directing the operation of the tower crane unless such individual is certified by NCCCO, or another organization whose program is NCCA or ANSI accredited and which program, at a minimum, is based upon the requirements of the current edition of ASME B30.3 ("Tower Cranes"). 1264
(c) permit an individual to perform rigging duties associated with the operation of the tower crane, unless such individual is certified by NCCCO, or another organization whose program is NCCA or ANSI accredited and which program, at a minimum, is based upon the requirements of the current edition of the American National Standard Institute (ANSI) A10.42 standard related to the qualification of "Riggers". 1265
(d) in the interest of safety, allow an operator to remain at the operating controls for a period exceeding four hours without requiring the operator to descend the tower for a break of at least thirty minutes after descent, and such operator must be allowed to descend at any time to have access to sanitary facilities as needed. The operator may be relieved by a second operator for either purpose. 1266
(.1) It shall be unlawful for any person to interfere with, restrain or deny the exercise of, or the attempt to exercise, any right protected under this subsection (d), including by taking any adverse employment action in connection therewith.
(.2) A violation of this subsection (d) shall be a Class II violation and shall be enforced by the Department of Labor pursuant to the process and provisions of subsections 9-4708(1)(a)-(e) of this Code, except that retaliation against an employee for any activity protected under this subsection (d) shall be a Class III offense.
(.3) Operators shall be provided with notice of their rights under this subsection (d) which identifies the Department of Labor as the enforcement agency, within thirty days of this subsection taking effect.
(.4) Contractors shall maintain records of compliance with the provisions of subsection (d) for two years.
(.5) Operators may file an action under this subsection (d) in any court of competent jurisdiction. Upon a finding of a violation, the court shall award the employee any damages suffered and reasonable attorney's fees. Remedies include presumed damages to be awarded to an operator of at least thirty minutes of pay per violation.
(2) No person shall be considered certified pursuant to the requirements of this Section unless such person maintains his or her certification when performing the duties related to the certification in accordance with the requirements of the organization issuing the certification.
Notes
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| 1266 | Added, Bill No. 220666-A (approved December 21, 2022). |