Hoisting Regulations Update Reply

On July 8, 2013 the Massachusetts Department of Public Safety (DPS) held a public hearing on proposed changes to the hoisting machinery regulation, 520 CMR 6.00. Many of the proposed changes reflect 2010 changes to the hoisting law, Massachusetts General Laws (MGL) Chapter 146, Section 53 and public comment from the December 8, 2012, public hearing.

520 CMR 6.00 requires that all operators of hoisting machinery complete an application and pass a test to obtain a license from the DPS. 520 CMR 6.00 is applicable to all hoisting machinery, including forklifts used on private or public property where the height of the lift exceeds 10 feet or the weight of the load exceeds 500 pounds.

The revised regulation includes an exemption of the MA hoisting license requirement for all operators if the company has a training program approved by the DPS and complies with the following requirements:

• A supervisory employee(s) who holds a hoisting license for the equipment being used must be on-site at all times during operation
• The company training program must be approved by the DPS biennially
• Authorized operators must be issued a company license that includes a picture of the employee, a list of hoisting machinery the employee is qualified to operate, and the name of signature of the supervisor who holds a license to operate that equipment. Employees can only be trained and certified to operate the specific equipment for which the supervisory employee holds a license issued by the DPS.

A facility seeking DPS approval of its training program must submit the following:

• A completed application form
• Copy of company curriculum and training materials (must include a classroom and practical component)
• A list of employees with hoisting license
• A list of type of equipment in use

The application forms referenced in the proposed regulation are not currently available from the DPS. At the public hearing, the DPS representative stated that all required materials will be posted on the DPS after the regulation is finalized. DPS did not provide an estimated date of when the proposed regulation will become final but Capaccio will post any updates on our blog once they are available.

The proposed regulation can be found here: http://www.mass.gov/eopss/docs/dps/engineering/inf-eng/520-cmr-6-redline-apr13.pdf

CAPACCIO can assist with bringing your company into compliance with this and other health and safety related programs. Please review our list of health and safety services.

For more information, contact Colleen Walsh at 508.970.0033 extension 129 or cwalsh@capaccio.com.