House File 2298 - Introduced HOUSE FILE BY WHITEAD Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the certification of crane operators and 2 providing an effective date. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5744YH 82 5 ak/rj/14 PAG LIN 1 1 Section 1. Section 88.5, Code Supplement 2007, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 12. CRANE OPERATOR CERTIFICATION. 1 4 a. For the purposes of this subsection: 1 5 (1) "Construction" means alteration, creation, 1 6 development, enlargement, erection, improvement, installation, 1 7 reconstruction, remodeling, and renovation. 1 8 (2) "Crane" means any of the following: 1 9 (a) Any hoisting equipment that lifts and rotates or moves 1 10 a load in excess of five tons horizontally or vertically. 1 11 (b) A tower crane that lifts and rotates or moves a load 1 12 in excess of at least two thousand five hundred pounds 1 13 horizontally or vertically. 1 14 b. An individual shall not operate a crane at a site where 1 15 construction or demolition is being performed unless the 1 16 individual possesses a crane operator certificate for the type 1 17 of crane being operated and such certification is issued by a 1 18 nationally recognized and accredited certification program. 1 19 c. An employer or a person who is contracted to perform 1 20 construction or demolition shall not permit an employee, 1 21 agent, or independent contractor to perform construction or 1 22 demolition involving a crane in violation of this section. 1 23 d. A crane operator shall renew the certification required 1 24 pursuant to this section through a nationally recognized and 1 25 accredited certification program every five years. 1 26 e. The requirements of this subsection do not apply to the 1 27 following: 1 28 (1) A crane operator trainee or apprentice, if the trainee 1 29 or apprentice is under the direct supervision of a crane 1 30 operator who possesses a crane operator certificate for the 1 31 type of crane being operated. 1 32 (2) A person who is employed by a public utility, rural 1 33 electric cooperative, or telephone company. 1 34 (3) A person engaged in boating, fishing, agriculture, or 1 35 arboriculture. 2 1 (4) A person who is operating a crane for personal use on 2 2 premises owned or leased by that person. 2 3 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1, 2 4 2009. 2 5 EXPLANATION 2 6 This bill requires a crane operator to be certified to 2 7 operate the particular type of crane the crane operator uses 2 8 by a nationally recognized and accredited certification 2 9 program. The bill defines "crane" and "construction". The 2 10 bill applies to sites where construction or demolition occurs. 2 11 The bill prohibits employers or other persons from permitting 2 12 an employee, agent, or independent contractor to perform work 2 13 in violation of the bill. The crane operator is required to 2 14 renew the certification every five years. 2 15 The certification requirements do not apply to a crane 2 16 operator trainee or apprentice if the trainee or apprentice is 2 17 under the direct supervision of a crane operator who possesses 2 18 a crane operator certificate; a person who is employed by a 2 19 public utility, rural electric cooperative, or telephone 2 20 company; a person engaged in boating, fishing, agriculture, or 2 21 arboriculture; or a person who is operating a crane for 2 22 personal use on premises owned or leased by that person. 2 23 The bill is placed in Code chapter 88, the occupational 2 24 safety and health chapter, and all applicable provisions of 2 25 Code chapter 88 apply to the bill, including violation 2 26 citation and administrative and criminal enforcement 2 27 provisions. The bill takes effect January 1, 2009. 2 28 LSB 5744YH 82 2 29 ak/rj/14