Mass. DPS Announces Major Change to Hoisting Regulation Requirements for Forklifts Reply

The Massachusetts Department of Public Safety (DPS) has just announced a major change to its Hoisting Machinery Regulation (520 CMR 6.00).

As of November 14, 2014, companies operating industrial lift trucks and forklifts on private property are now exempt from complying with the requirements to obtain Massachusetts Hoisting Licenses for forklift operators (520 CMR 6.06) and for implementing an “In-Service Training Program” (520 CMR 6.07), as long as the general public does not have access to the company property. The DPS made this ruling in light of the fact that the current OSHA standard governing the use powered industrial trucks (29 CFR 1910.178) already requires the training of forklift operators and therefore preempts any state requirements.

The exemption only applies to the operation of industrial lift trucks and forklifts on private property. Companies operating other types of hoisting equipment on their property, such as cranes and hoists, are still required to comply with the licensing and training requirements of the regulation.

A copy of the Administrative Ruling is located here: http://www.mass.gov/eopss/consumer-prot-and-bus-lic/license-type/hoisting/in-service-training-and-company-property-exemption.html

CAPACCIO has been working closely with clients over the past year to provide guidance and assistance in complying with the confusing and somewhat controversial Hoisting Regulation. This recent change will bring welcome relief to those companies still struggling to come into compliance.

Any questions or comments you may have regarding these changes can be directed to Colleen Walsh at 508-970-0033 Ext. 129 or cwalsh@capaccio.com or Bob King at 508-970-0033 Ext.113 or bking@capaccio.com.