senate Bill S155

2011-2012 Legislative Session

Relates to the certification of crane operators

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to consumer protection
Jan 05, 2011 referred to consumer protection

S155 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd ยงยง482 & 483, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S5064

S155 - Bill Texts

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Relates to the certification of crane operators.

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BILL NUMBER:S155

TITLE OF BILL:
An act
to amend the general business law, in relation to crane operators

PURPOSE:
To provide for the establishment of new
standards for
certification of crane operators to reflect national model standards
and to reconstitute the crane operating examining board to reflect a
greater diversity in representation.

SUMMARY OF PROVISIONS:
Section 1 of the bill requires that crane
operators be certified by nationally recognized certification bodies
in order to receive a certificate of competence.

Section 2 provides that regulations to be promulgated by the
Department of Labor for crane operator certification require (1) that
an applicant receive certification from the National Commission for
the Certification of Crane Operators or any other organization found
by the Commissioner of Labor to offer an equivalent testing and
certification program meeting certain standards; (2) that an
applicant demonstrate a practical knowledge of crane maintenance and
(3) maintain a current medical examiner's certification card. Any
certificate of competence shall be valid for a period of five years.
Valid certificate holders as of December 31, 2008 are effectively
"grandfathered" into the program until the earlier of (1) the
expiration date of their certificates or (2) December 31, 2011.

Section 3 reconstitutes the Crane Operating Examining Board by adding
a new section to the General business Law which expands the Board's
membership to seven gubernatorial appointed members, with
representation from both labor and industry. Furthermore, the bill
provides that industry representatives come from enterprises which
employ crane operators.

Section 4 empowers the Commissioner of Labor to suspend and revoke a
crane operator's license if the operator has committed illegal,
negligent or other questionable acts in either the obtaining or use
of the license.

JUSTIFICATION:
Recent dramatic crane failures, particularly in New York
City, have led to calls for reform for the testing and certification
of crane operators in New York State. An April 2009 report of the
State Inspector General found that the lack of clear certification
standards, particularly in the administration of testing has led not
only the appearance of bias but also documented impropriety.

In addition, the membership of the Crane Operating Examining Board does
not reflect the perspective of industry participants who can best
ascertain modern standards and their enforcement.

Adoption of third-party assessment and testing standards by New York
State as well as a reform of how the Examining Board conducts its


business, will provide assurance to all New Yorkers that operators
will possess the degree of skill necessary to operate these machines
safely.

BILL HISTORY:
S.5064/A.8360 of 2009-2010; Referred to Consumer Protection

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   155

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to crane operators

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 482 of the general business law,
as amended by section 18 of part CC of chapter 57 of the laws  of  2009,
is amended to read as follows:
  1.  No  individual shall use lasers, operate a crane, act as a blaster
or as a pyrotechnician without holding a valid certificate of competence
issued by the commissioner of labor.  PROVIDED THAT FOR CRANE OPERATORS,
SUCH CERTIFICATION OF COMPETENCE SHALL BE AWARDED PURSUANT TO A  CERTIF-
ICATION  PROCESS  OF  THE  NATIONAL  COMMISSION FOR THE CERTIFICATION OF
CRANE OPERATORS OR ANY OTHER ORGANIZATION FOUND BY THE  COMMISSIONER  TO
OFFER  AN  EQUIVALENT  TESTING  AND  CERTIFICATION  PROGRAM  MEETING THE
REQUIREMENTS OF THE APPROPRIATE AMERICAN SOCIETY OF MECHANICAL ENGINEERS
ASME B30 STANDARD AND THE ACCREDITATION  REQUIREMENTS  OF  THE  NATIONAL
COMMISSION  FOR  CERTIFYING  AGENCIES OR THE AMERICAN NATIONAL STANDARDS
INSTITUTE. SUCH CERTIFICATION SHALL BE VALID ONLY IN  THE  SPECIALTY  OR
SPECIALTIES FOR WHICH SUCH OPERATOR IS CERTIFIED.
  S  2.    Subdivision  2 of section 483 of the general business law, as
amended by section 19 of part CC of chapter 57 of the laws of  2009,  is
amended to read as follows:
  2.  Such  regulations  may  provide  for  examinations,  categories of
certificates, licenses, or registrations, age  and  experience  require-
ments,  payment  of  fees, and may also provide for such limitations and
exemptions as the commissioner finds necessary and proper. In  the  case
of  blasters  and  pyrotechnicians, such regulations may require finger-
printing, and in the case of users of radioactive material,  such  regu-
lations  may require the posting of a bond or other security, AND IN THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01426-01-1

S. 155                              2

CASE OF CRANE OPERATORS, SUCH REGULATIONS  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED  TO,  REQUIREMENTS  THAT  AN  APPLICANT  SHALL (A) HAVE RECEIVED
CERTIFICATION FROM THE NATIONAL  COMMISSION  FOR  THE  CERTIFICATION  OF
CRANE  OPERATORS  OR ANY OTHER ORGANIZATION FOUND BY THE COMMISSIONER TO
OFFER AN  EQUIVALENT  TESTING  AND  CERTIFICATION  PROGRAM  MEETING  THE
REQUIREMENTS OF THE APPROPRIATE AMERICAN SOCIETY OF MECHANICAL ENGINEERS
ASME  B30  STANDARD  AND  THE ACCREDITATION REQUIREMENTS OF THE NATIONAL
COMMISSION FOR CERTIFYING AGENCIES, OR THE AMERICAN  NATIONAL  STANDARDS
INSTITUTE;  (B)  HAVE A PRACTICAL KNOWLEDGE OF CRANE MAINTENANCE AND (C)
MAINTAIN A CURRENT MEDICAL EXAMINER'S CERTIFICATION CARD.  CERTIFICATION
OF COMPETENCE SHALL BE VALID FOR A PERIOD OF FIVE YEARS; AFTER SUCH TIME
SUCH  CERTIFICATE  SHALL  BE  RENEWED IF THE APPLICANT PROVIDES PROOF OF
RECERTIFICATION PURSUANT TO THE PROCESS ADOPTED PURSUANT TO THIS  SUBDI-
VISION.  ANY  CERTIFICATE  OF COMPETENCE ISSUED PURSUANT TO THIS ARTICLE
PRIOR TO DECEMBER THIRTY-FIRST, TWO  THOUSAND  TEN  SHALL  REMAIN  VALID
UNTIL THE EARLIER OF THE FOLLOWING: (I) DECEMBER THIRTY-FIRST, TWO THOU-
SAND  THIRTEEN  OR (II) THE EXPIRATION DATE OF THE CERTIFICATE OF COMPE-
TENCE.
  S 3.  Section 483 of the general business law is amended by  adding  a
new subdivision 5 to read as follows:
  5.  THE  CRANE  OPERATING  EXAMINING  BOARD  CREATED  PURSUANT TO THIS
SECTION SHALL CONSIST OF SEVEN MEMBERS, APPOINTED BY THE  GOVERNOR,  WHO
ARE  RESIDENTS  OF THE STATE, CONSISTING OF THE COMMISSIONER OF LABOR OR
HIS OR HER DESIGNEE, AS THE CHAIRPERSON;  ONE  PERSON  REPRESENTING  THE
HEAVY HIGHWAY UTILITY OR TRANSPORTATION CONTRACTING INDUSTRY WHOSE BUSI-
NESS  ENTERPRISE  OR  EMPLOYER  EMPLOYS  CRANE OPERATORS; AND ONE PERSON
REPRESENTING THE BUILDING CONTRACTING INDUSTRY WHOSE BUSINESS ENTERPRISE
OR EMPLOYER EMPLOYS CRANE OPERATORS. AT LEAST THREE MEMBERS OF THE BOARD
SHALL BE LICENSED CRANE OPERATORS WHO  HAVE  BEEN  ACTIVELY  ENGAGED  IN
CRANE  RELATED  OPERATIONS  IN  THIS STATE FOR AT LEAST FIVE YEARS IMME-
DIATELY PRECEDING THEIR APPOINTMENT. NO MORE THAN TWO  OF  SUCH  MEMBERS
SHALL  BE  MEMBERS  OF  A  UNION.  THE GOVERNOR SHALL APPOINT EACH BOARD
MEMBER FOR A TERM OF THREE YEARS,  EXCEPT  THAT  OF  THE  MEMBERS  FIRST
APPOINTED, TWO SHALL SERVE FOR TERMS OF THREE YEARS, TWO SHALL SERVE FOR
TERMS  OF  TWO  YEARS AND TWO SHALL SERVE TERMS OF ONE YEAR. EACH MEMBER
SHALL HOLD OFFICE UNTIL HIS OR HER SUCCESSOR  HAS  BEEN  QUALIFIED.  ANY
VACANCY IN THE MEMBERSHIP OF THE BOARD SHALL BE FILLED FOR THE UNEXPIRED
TERM  IN  THE MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT. NO MEMBER OF
THE BOARD MAY SERVE MORE THAN TWO SUCCESSIVE TERMS, IN ADDITION  TO  ANY
UNEXPIRED  TERM  TO WHICH HE OR SHE HAS BEEN APPOINTED. THE TERMS OF THE
MEMBERS OF THE BOARD AS OF THE EFFECTIVE DATE OF THIS SECTION  SHALL  BE
DEEMED  EXPIRED AS OF DECEMBER THIRTY-FIRST, TWO THOUSAND TEN; PROVIDED,
HOWEVER, THAT SUCH MEMBERS MAY BE REAPPOINTED PURSUANT TO THIS  SUBDIVI-
SION.  THOSE  MEMBERS WHICH ADMINISTER AND OVERSEE EXAMINATIONS PURSUANT
TO THIS SECTION SHALL NOT BE PERMITTED TO HEAR APPEALS OF THE DENIAL  OF
CERTIFICATION.
  S 4.  Paragraph a of subdivision 1 of section 483 of the general busi-
ness  law, as amended by section 19 of part CC of chapter 57 of the laws
of 2009, is amended to read as follows:
  a. The commissioner of labor is  hereby  authorized  and  directed  to
prescribe  such rules and regulations as may be necessary and proper for
the administration and enforcement  of  this  article  with  respect  to
lasers, crane operators, blasters and pyrotechnicians.  PROVIDED THAT IN
THE CASE OF CRANE OPERATORS, THE COMMISSIONER MAY REFUSE TO GRANT OR MAY
SUSPEND OR REVOKE A CRANE OPERATOR'S LICENSE UPON PROOF TO THE SATISFAC-
TION  OF  THE  COMMISSIONER  THAT  THE HOLDER THEREOF HAS (A) OBTAINED A

S. 155                              3

CERTIFICATION OR LICENSE BY FRAUD OR DECEIT; (B) FRAUDULENTLY OR DECEIT-
FULLY PERFORMED WORK FOR WHICH A LICENSE IS REQUIRED UNDER THIS ARTICLE;
(C) COMMITTED AN ACT OF GROSS NEGLIGENCE; (D)  FALSELY  ADVERTISED;  (E)
ACTED  IN  A  MANNER  WHICH  DEMONSTRATES  INCOMPETENCE OR (F) CAUSED OR
CONTRIBUTED IN ANY MANNER THAT DIRECTLY OR  INDIRECTLY  RESULTED  IN  AN
INJURY TO A PERSON OR DAMAGE TO PROPERTY.
  S 5.  This act shall take effect immediately.

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