81R10801 YDB-F
By: Giddings H.B. No. 1807
A BILL TO BE ENTITLED
AN ACT
relating to registration and regulation of crane operators,
signalpersons, and riggers; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 8, Occupations Code, is amended by adding
Chapter 1306 to read as follows:
CHAPTER 1306. REGULATION OF CRANE OPERATORS,
SIGNALPERSONS, AND RIGGERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1306.001. DEFINITIONS. In this chapter:
(1) "ANSI" means the American National Standards
Institute.
(2) "ASME" means the American Society of Mechanical
Engineers.
(3) "Commission" means the Texas Commission of
Licensing and Regulation.
(4) "Crane" means a machine that is used to lift,
lower, and horizontally move a suspended load and that includes a
hoisting mechanism as an integral part of the machine.
(5) "Crane inspector" means an individual who inspects
cranes to determine whether the cranes may be operated safely.
(6) "Crane operator" means an individual who operates
a crane.
(7) "Department" means the Texas Department of
Licensing and Regulation.
(8) "Rigger" means an individual who handles and rigs
loads with hardware and equipment used to attach a load to a crane.
(9) "Signalperson" means an individual who provides
guidance and communicates directions to a crane operator while the
operator is lifting, hoisting, moving, or releasing a load.
(10) "Tower crane" means a power-operated hoisting
machine with a boom, swing jib, or structural component mounted on a
vertical mast or tower structure that functions to hoist, lower,
and swing loads at various radii.
Sec. 1306.002. EXEMPTIONS. This chapter does not apply to a
person who:
(1) is a member of the armed forces of the United
States and who is operating, assembling, or disassembling a crane
in the scope of the member's official duties; or
(2) is a crane operator trainee enrolled or
participating in a structured crane operator training program
developed and documented by the employer and is under the direct
supervision of a crane operator registered under this chapter.
[Sections 1306.003-1306.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
Sec. 1306.051. GENERAL POWERS AND DUTIES. The commission
and department shall administer and enforce this chapter.
Sec. 1306.052. ADOPTION OF RULES. The commission shall
adopt rules consistent with this chapter as necessary to administer
this chapter.
Sec. 1306.053. FEES. The commission shall set application,
registration, and renewal fees in amounts reasonable and necessary
to cover the cost of administering this chapter.
[Sections 1306.054-1306.100 reserved for expansion]
SUBCHAPTER C. REGISTRATION
Sec. 1306.101. CRANE OPERATOR REGISTRATION REQUIRED. (a)
A person may not act as a crane operator unless the person holds a
crane operator certificate of registration issued by the department
under this chapter.
(b) An employer or contractor may not allow an individual to
act as a crane operator unless the individual holds a crane operator
certificate of registration issued by the department under this
chapter.
Sec. 1306.102. SIGNALPERSON REGISTRATION REQUIRED. (a) A
person may not act as a signalperson or give hand or verbal signals
to control the operation of a crane unless the person holds a
signalperson certificate of registration issued by the department
under this chapter.
(b) An employer or contractor may not allow an individual to
act as a signalperson unless the individual holds a signalperson
certificate of registration issued by the department under this
chapter.
Sec. 1306.103. RIGGER REGISTRATION REQUIRED. (a) A person
may not act as a rigger or allow a person to rig loads to be lifted
by a crane unless the person holds a rigger certificate of
registration issued by the department under this chapter.
(b) An employer or contractor may not allow an individual to
act as a rigger unless the individual holds a rigger certificate of
registration issued by the department under this chapter.
Sec. 1306.104. CRANE OPERATOR ELIGIBILITY REQUIREMENTS.
(a) To protect the public health and safety, the commission by rule
shall establish eligibility criteria for a person to hold a crane
operator certificate of registration under this chapter.
(b) The rules must require a crane operator of a mobile or
tower crane to hold a crane operator certification issued by:
(1) the National Commission for the Certification of
Crane Operators; or
(2) an equivalent crane operator certification
program approved by the department that:
(A) has personnel accreditation standards at
least as stringent as the ANSI standards as of September 1, 2009;
(B) has safety standards at least as stringent as
the ASME B30.3-2004 Construction Tower Cranes and ASME B30.5-2007
Mobile and Locomotive Cranes standards; and
(C) demonstrates the person has acquired and
maintains the knowledge, skill, and ability necessary to operate
the type of crane for which certification is sought.
Sec. 1306.105. SIGNALPERSON ELIGIBILITY REQUIREMENTS. (a)
To protect the public health and safety, the commission by rule
shall establish eligibility criteria for a person to hold a
signalperson certificate of registration under this chapter.
(b) The rules must require a signalperson to hold a
signalperson certification issued by:
(1) the National Commission for the Certification of
Crane Operators; or
(2) an equivalent signalperson certification program
approved by the department that:
(A) has personnel accreditation standards at
least as stringent as the ANSI standards as of September 1, 2009;
(B) has safety standards at least as stringent as
the ASME B30.3-2004 Construction Tower Cranes and ASME B30.5-2007
Mobile and Locomotive Cranes standards; and
(C) demonstrates the person has acquired and
maintains the knowledge, skill, and ability necessary to act as a
signalperson.
Sec. 1306.106. RIGGER ELIGIBILITY REQUIREMENTS. (a) To
protect the public health and safety, the commission by rule shall
establish eligibility criteria for a person to hold a rigger
certificate of registration under this chapter.
(b) The rules must require a rigger to hold a rigger
certification issued by:
(1) the National Commission for the Certification of
Crane Operators; or
(2) an equivalent rigger certification program
approved by the department that:
(A) has personnel accreditation standards at
least as stringent as the ANSI standards as of September 1, 2009;
and
(B) demonstrates the person has acquired and
maintains the knowledge, skill, and ability necessary to act as a
rigger.
(c) The rules must establish the following categories of
registration for riggers:
(1) a basic rigger is a person who:
(A) performs simple, repetitive rigging tasks
when the load weight, center of gravity, rigging, and rigging
configuration are provided or known by the rigger through
experience or training before the rigging activities are
undertaken;
(B) is able to demonstrate pre-use inspection, to
identify and attach rigging with basic knowledge of hitch
configurations, capacities, and basic knots, and to recognize
associated hazards;
(C) has knowledge of signaling operations; and
(D) is able to describe and demonstrate various
types of rigging equipment and basic hitches and their
applications;
(2) an intermediate rigger is a person who:
(A) meets all requirements for a basic rigger;
(B) is able to select rigging components and
procedures based on rigging capacity data;
(C) is able to perform rigging tasks
unsupervised, estimate load weight and center of gravity, identify
lift points, and determine and select rigging based on loading;
(D) is able to perform pre-use inspection of
rigging and lift points and to identify and attach rigging with
knowledge of hitch configurations, load angle factors, rigging
capacities, and load integrity;
(E) has an understanding of load dynamics and
associated hazards; and
(F) as applicable, has a working knowledge of
hoisting equipment, winches, jacks, industrial rollers, and
similar equipment; and
(3) an advanced rigger is a person who:
(A) meets all the requirements of an intermediate
rigger;
(B) is capable of determining rigging and
planning for complex load handling;
(C) is capable of selecting rigging equipment
based on complex load handling requirements;
(D) is able to develop and oversee load moving
procedures dealing with critical or high consequence applications;
and
(E) demonstrates procedural knowledge of rigging
methods, equipment usage, travel path selection, personnel
assignments, handling sequences, and after-action reviews.
Sec. 1306.107. APPLICATION. An applicant for a certificate
of registration under this chapter must:
(1) submit to the department a completed application
on the form prescribed by the commission;
(2) submit to the department any other information
required by the commission;
(3) demonstrate to the satisfaction of the department
that the applicant meets the qualifications for registration
established under this chapter and commission rule; and
(4) pay the application and registration fees set by
the commission.
Sec. 1306.108. RENEWAL OF REGISTRATION. (a) A certificate
of registration issued under this chapter expires on the first
anniversary of the date of issuance.
(b) On payment of the required renewal fee and compliance
with any other requirements established by commission rule to
protect the public health and safety, registration may be renewed.
[Sections 1306.109-1306.150 reserved for expansion]
SUBCHAPTER D. INSPECTIONS AND RECORDS
Sec. 1306.151. INSPECTIONS. (a) A person may not operate a
crane in this state unless the crane is annually inspected by a
crane inspector in accordance with the requirements of the federal
Occupational Safety and Health Administration. The crane inspector
must hold a certification issued by:
(1) the National Commission for the Certification of
Crane Operators; or
(2) an equivalent inspector certification program
approved by the department that:
(A) has personnel accreditation standards at
least as stringent as the ANSI standards as of September 1, 2009;
and
(B) demonstrates the inspector has acquired and
maintained the necessary knowledge, skill, and ability to act as a
crane inspector.
(b) A person may not operate a new or altered crane unless
the crane has been inspected by a crane inspector who meets the
qualifications required under Subsection (a).
(c) A crane inspector shall ensure the crane complies with
the periodic inspection requirements established by ASME
B30.3-2004 Construction Tower Cranes and ASME B30.5-2007 Mobile and
Locomotive Cranes or other requirements as provided by commission
rule.
(d) For each crane in operation in this state, the
contractor or other person responsible for the operation of the
crane shall ensure a competent person performs daily inspections of
the crane in accordance with the specification of the manufacture
and the American Society of Mechanical Engineers.
Sec. 1306.152. RECORDS. (a) A contractor or person who
hires a crane operator, signalperson, or rigger shall maintain a
record of each inspection performed on a crane, including
inspections of the brakes, hooks, ropes, hydraulic and pneumatic
cylinders, and hydraulic and pneumatic pressure valves, until at
least the third anniversary of the date of inspection.
(b) The contractor or hiring person shall make the
inspection reports available for review on request.
[Sections 1306.153-1306.200 reserved for expansion]
SUBCHAPTER E. ENFORCEMENT
Sec. 1306.201. DISCIPLINARY ACTION. A person is subject to
disciplinary action under Subchapter G, Chapter 51, if the person
violates this chapter or a rule adopted under this chapter.
Sec. 1306.202. ADMINISTRATIVE PENALTY; HEARINGS. The
department may impose an administrative penalty in the manner
provided by Subchapter F, Chapter 51, on a person if the person
violates this chapter or a rule adopted under this chapter.
Sec. 1306.203. CEASE AND DESIST; CIVIL PENALTY; INJUNCTION.
(a) The department may issue a cease and desist order if the
department determines that an order is necessary to:
(1) prevent a violation of this chapter; or
(2) protect the public health and safety.
(b) The attorney general or the department under this
chapter may institute an action for an injunction or a civil penalty
as provided by Section 51.352.
SECTION 2. (a) Not later than November 1, 2009, the Texas
Commission of Licensing and Regulation shall adopt rules required
by Chapter 1306, Occupations Code, as added by this Act.
(b) Notwithstanding Chapter 1306, Occupations Code, as
added by this Act, a crane operator is not required to hold a
certificate of registration under that chapter until January 1,
2010.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2009.
(b) Sections 1306.101, 1306.102, and 1306.103, Occupations
Code, as added by this Act, take effect January 1, 2010.