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