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(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
1264 | |
1265 | |
1266 | Added, Bill No. 220666-A (approved December 21, 2022). |
(1) Immediately following any of the following circumstances, a tower crane inspector who has been certified by the manufacturer for the crane to be erected, or who has been certified by NCCCO or another organization accredited by NCCA and is knowledgeable of the manufacturer's operating and design specifications for the crane to be erected, shall conduct a thorough inspection of the tower crane covering all items as required by the Occupational Safety and Health Administration (OSHA):
(a) The erection of a tower crane;
(b) The climbing (jumping) or lowering of a tower crane; or
(c) The expiration of any 180-day period following a previous inspection if the tower crane has not been raised or lowered in the intervening period.
(2) Reserved. 1267
(3) The construction manager shall submit to the Department documentation reflecting the performance and result of an inspection required by subsection (1) within 10 days of such inspection.
(4) The dedicated safety representative designated pursuant to Section 9-3302 shall periodically inspect all rigging and crane equipment while the crane remains on site. All unresolved defects and practices that affect the safe operation of the crane shall be reported to the construction manager, who in turn shall take immediate and appropriate action to suspend the use of the crane until all safety defects have been corrected.
Notes
1267 | Amended, Bill No. 170955-A (approved February 14, 2018). |
(1) No person shall operate a mobile crane, and no contractor, construction manager, building owner or other person designated as a supervisor in connection with the construction activity shall permit the operation of a mobile crane, unless the crane operator is qualified for such operation under the standards of Section 9-3306.
(2) No person shall perform rigging or signaling duties associated with the operation of a mobile crane, and no contractor, construction manager or other person designated as a supervisor in connection with the construction activity shall permit the performance of such rigging or signaling duties, unless the rigger or signaler is a qualified person as established by OSHA law.
(3) No person shall perform rigging or signaling duties associated with the installation, assembly or disassembly of a mobile crane, and no crane owner or lessee shall permit the performance of such rigging or signaling duties, unless such rigger or signaler is a qualified person as established by OSHA law.
(4) A copy of licenses and certifications or other documentation evidencing qualification shall be maintained on-site and made available to the Department upon request.
(5) Insurance requirement. The person or entity responsible for operation of the mobile crane shall maintain a minimum of two million dollars ($2,000,000) of General Comprehensive Liability Insurance in effect at all times the crane is located on the job site. The Certificate of Insurance shall be made available to the Department upon request.
Notes
1268 | Added, Bill No. 170955-A (approved February 14, 2018). |
(1) Mobile Crane Operators.
(a) An individual licensed by the Commonwealth of Pennsylvania pursuant to the Crane Operator Licensure Act is qualified to operate a mobile crane with a manufacturer's rated maximum lifting capacity of 15 tons or more of the type of mobile crane to which the license applies.
(b) The following individuals are qualified to operate a mobile crane with a manufacturer's rated maximum lifting capacity of more than 1,000 pounds but less than 15 tons:
(.1) an individual licensed pursuant to the Crane Operator Licensure Act, in connection with the type of mobile crane to which the license applies; or
(.2) the holder of a current certification in connection with the type of mobile crane being operated that is issued by the NCCCO, or another organization whose program, in the judgement of the Department: is NCCA or ANSI accredited; has equivalent written and practical examination requirements as those required by NCCCO; and is based upon the requirements of ASME B30.5.
Exception: An individual who has completed in-service training with, and received certification from, an organization that has a pending application for NCCA or ANSI accreditation and which organization can demonstrate to the Department that the training received was based upon ASME B30.5 may operate a mobile crane of the type for which certification has been provided. This exception shall expire on April 1, 2020.
(c) A trainee who has passed a written examination of the NCCCO, or another organization that is NCCA or ANSI accredited which has equivalent testing and certification requirements as NCCCO and whose program is based upon ASME B30.5, may operate a mobile crane of the type for which the examination was taken when under the immediate supervision of a crane operator certified for the type of mobile crane being operated, provided the trainee shall have demonstrated to the satisfaction of the person employing the crane operator that the trainee is physically capable of operating the crane.
Notes
1269 | Added, Bill No. 170955-A (approved February 14, 2018). |
(1) No crane inspection required by law shall be performed other than in accordance with OSHA law and the crane manufacturer's requirements.
(2) Site Inspections. No person other than a qualified person shall perform site inspections as required by OSHA law in connection with installation or assembly at a job site or at the start of a shift.
(3) Annual Inspections. No mobile crane shall be used unless it has been inspected within the previous year as required by OSHA law by a crane inspector certified by NCCCO or another organization whose program is NCCA or ANSI accredited and which program is based upon the requirements of ASME B30.5.
(4) Inspection Records. Records related to inspection of a mobile crane shall be maintained on the job site for the duration of time the subject crane remains on site and shall be made available to the Department upon request.
Notes
1270 | Added, Bill No. 170955-A (approved February 14, 2018). |