HAWAII ADMINISTRATIVE RULES
TITLE 12
DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
SUBTITLE 7
BOARDS
CHAPTER 48
HOISTING MACHINE OPERATORS
§12-48-1 Purpose
§12-48-2 Scope
§12-48-3 Definitions
§12-48-4 Hoisting machine operators' advisory board
§12-48-5 Certificate required
§12-48-6 Application process
§12-48-7 Special certification
§12-48-8 Renewals
§12-48-9 Denials, suspensions, and revocations
§12-48-10 Appeals process
§12-48-11 Fees
§12-48-1 Purpose. This chapter implements section 396-19, Hawaii
Revised Statutes, and promulgates rules for the certification of hoisting
machine operators. The provisions of this chapter shall apply to any person or
persons who act as a hoisting machine operator. [Eff 12/6/02] (Auth: HRS §396-4)
(Imp: HRS §§396-4, 396-19)
§12-48-2 Scope. Certification of hoisting machine operators is limited
to operators of equipment covered by ASME B30.5, and which has a lifting
capacity of more than five tons, and who performs construction work as defined
by section 12-50-2, Hawaii Administrative Rules. [Eff 12/6/02] (Auth: HRS
§396-4) (Imp: HRS §§396-4, 396-19)
§12-48-3 Definitions. As used in this chapter:
"ASME B30.5" means ASME B30.5-2000, American Society of Mechanical Engineers
Safety Standards, which also includes the Addenda ASME B30.5a-2002.
"Board" means the hoisting machine operators' advisory board.
"Direct supervision" means that a certified hoisting machine operator is
visible to the operator of the hoisting machine or in voice contact with the
operator at the site where the work is being performed.
"Director" means the director of the department of labor and industrial
relations or the director's designee.
"DOT" means state department of transportation.
"NCCCO" means National Commission for the Certification of Crane
Operators.
"State" means State of Hawaii. [Eff 12/6/02] (Auth: HRS §396-4) (Imp: HRS
§§396-4, 396-19)
§12-48-4 Hoisting machine operators' advisory board. The board shall
be composed of five members from both organized labor and management employers.
The members are to serve without compensation and without reimbursement for
expenses. Members shall be appointed by the governor and may adopt rules
pursuant to chapter 91, Hawaii Revised Statutes, for carrying out the purposes
of the hoisting machine operators' advisory board.
[Eff 12/6/02] (Auth: HRS §396-4) (Imp: HRS §§396-4, 396-19)
§12-48-5 Certificate required. (a) No person shall operate a hoisting
machine in the State without a current State issued hoisting machine operator
certificate except as identified in this section.
(b) Each hoisting machine operator shall have in their possession a valid
certificate during the operation of a hoisting machine.
(c) An operator must have a current physical examination certificate as
required in section 12-48-6(b) at all times. Such proof, must be submitted upon
request to the director within two hours of request.
(d) A hoisting machine operator certificate is not required for operator
assistants, apprentices, oilers, assistants to the engineers, and trainees,
provided they are under the direct supervision of a certified hoisting machine
operator at all times while operating a hoisting machine and they meet the
training requirements of ASME B30.5.
(e) A hoisting machine operator certificate is not required for persons
performing maintenance or inspection work. [Eff 12/6/02] (Auth: HRS §396-4)
(Imp: HRS §§396-4, 396-19)
§12-48-6 Application process. (a) An applicant for a hoisting machine
operator certificate shall be at least twenty-one years of age at the time of
application and provide proof of age by submitting a valid original of any two
of the following for the purpose of photocopying:
(1) Birth certificate;
(2) Driver's license;
(3) Passport; or
(4) Hawaii state ID.
(b) Applicant must have passed a physical examination that meets the
requirements of ASME B30.5, Section 5-3.1.2(a), and evidence such examination by
submitting a complete and current copy of one of the following:
(1) NCCCO medical examiner's certificate; or
(2) A DOT certificate of medical examination.
(c) At the time of application, an applicant must provide a current NCCCO
certificate or an equivalent form of certification that is accepted by the board
that possesses hoisting machine operation experience as required for the NCCCO
written exam. A copy of the NCCCO experience form is acceptable.
(d) Applications shall be submitted on forms provided by the director. A
completed application shall consist of the form provided by the director that is
completely answered by the applicant, the application fee, and all supporting
documents required in subsections (a) through (c), unless applying for a special
certification, in which case section 12-48-7(b) applies in lieu of subsection
(c). A completed application shall be submitted to the director.
(e) The director shall notify the applicant whether the application was
approved or disapproved within sixty calendar days of receipt of a completed
application. Approved applicants must submit the required certification fee
within thirty calendar days or must re-apply. The director shall issue the state
hoisting machine operator certificate within thirty days of receipt of the
fee.
(f) For initial applications only, the state certificate shall be valid for
the balance of any current NCCCO certification or other equivalent
board-accepted certification plus the term of any approved renewal NCCCO
certification or its equivalent. The applicant must submit proof of such
approved renewal at the time the application fee is submitted. [Eff 12/6/02]
(Auth: HRS §396-4) (Imp: HRS §§396-4, 396-19)
§12-48-7 Special certification. (a) A special certificate is available
for an applicant who cannot meet the requirements identified in section
12-48-6(c) and the applicant works for only one employer and operates only
specific hoisting machines as identified by the applicant's employer.
(b) At the time of application the applicant's employer must certify in
writing to the director that it has provided operator training to the applicant
that meets the training qualifications of ASME B30.5 for the specific hoisting
machine or machines identified in the application. The applicant must comply
with sections 12-48-6(a), (b), and (d).
(c) A special certificate is valid for two years or until the holder
terminates employment with the employer, whichever comes sooner. A special
certificate is not renewable and is valid for only those hoisting machines
specifically identified on the certificate.
(d) A special certificate is nontransferable. A special certificate shall be
issued only once to an operator.
[Eff 12/6/02] (Auth: HRS §396-4) (Imp: HRS §§396-4, 396-19)
§12-48-8 Renewals. (a) Applications for renewal of hoisting machine
operator certificates shall be made on forms provided by the director and must
be submitted to the director with a nonrefundable renewal fee. Renewal
applications must be submitted with the required forms identified in sections
12-48-6(b) and (c).
(b) The application for renewal must be filed with the director no later than
ninety days after the expiration of the current certificate. Renewals will be
granted or denied within sixty days of the receipt of a complete renewal
application as defined in subsection (a).
(c) If an application for renewal is filed ninety-one days or more after the
expiration of the current certificate, it shall be considered a new
application.
(d) State-issued renewal certifications shall be valid for the balance of the
NCCCO certification or other equivalent certification that is accepted by the
board, but not to exceed five years. [Eff 12/6/02] (Auth: HRS §396-4) (Imp: HRS
§§396-4, 396-19)
§12-48-9 Denials, suspensions, and revocations. (a) The director may
deny, suspend, or revoke the certificate of a holder for any of these
reasons:
(1) A violation of ASME B30.5;
(2) Non-compliance with an order of the director within the time specified in
the order;
(3) Proof that the applicant or holder has been convicted of a crime directly
related to the applicant's possible performance under the certificate applied
for and where the applicant has not been sufficiently rehabilitated to warrant
the public trust;
(4) Proof that the applicant or holder suffers from a mental or physical
defect that would interfere with or prevent the applicant's safe handling of a
hoisting machine;
(5) Providing false information or making any misrepresentation for the
purpose of obtaining a certificate;
(6) The applicant or holder is an unlawful user of narcotics or dangerous
drugs;
(7) A finding that the certificate holder was responsible or contributed to
an accident involving a hoisting machine; or
(8) For any other reason which at the discretion of the director would create
a hazard or risk to persons or property.
(b) Operation of a hoisting machine in violation of ASME B30.5, may result in
the suspension of certification for not less than twenty-four hours and not more
than one year, or revocation of certification.
(c) If the director makes a finding that an accident was caused by the
actions or omissions of the certificate holder and the director suspends or
revokes the holder's certificate, the director may require the certificate
holder to retake and pass the certification examination before applying to have
his or her certification reinstated.
(d) A person whose certificate has been revoked may apply for certification
not less than one year after the date of revocation. [Eff 12/6/02] (Auth: HRS
§396-4) (Imp: HRS §§396-4, 396-19)
§12-48-10 Appeals process. (a) Any denial, revocation, or suspension
shall be final and conclusive against the applicant or holder unless a written
notice of contest is filed with the director. The written notice of contest
shall be an original, served on the director and must be postmarked, or if not
mailed, received by the director within twenty calendar days of the denial,
revocation, or suspension.
(b) The department shall hold the appeals hearing within thirty calendar days
of receipt of the written request. The reconsideration hearing shall be de novo
and its findings may be contested on the record only to the hawaii labor
relations board.
(c) The applicant or holder may request an informal conference to discuss the
denial, revocation, or suspension, but the informal conference shall not suspend
or change the twenty-day filing requirement for the notice of contest.
(d) Upon notice of revocation of a state hoisting machine operator
certificate, the operator shall immediately surrender to the department the
revoked state hoisting machine operator certificate. [Eff 12/6/02] (Auth: HRS
§396-4) (Imp: HRS §§396-4, 396-19)
§12-48-11 Fees. (a) The applicant shall submit the completed
application form to the director with a $50 application fee.
(b) After the applicant is notified of approval, the applicant shall remit a
$500 certification fee within thirty calendar days to the director. For
certification periods of less than five years, the fee is prorated to a year or
portion of a year. The fee for one year or a fraction of one year is $100.
(c) Upon approval for a special certificate, the applicant shall remit a $300
fee to the director within thirty calendar days to the director.
(d) Renewal applications shall be submitted to the director and accompanied
with the renewal fee of $500.
(e) All application and certification fees are nonrefundable. [Eff 12/6/02]
(Auth: HRS §396-4) (Imp: HRS §§396-4, 396-19)
