Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 87-S.F.No. 1485 
                  An act relating to labor; requiring the certification 
                  and regulation of crane operators; authorizing civil 
                  penalties; amending Minnesota Statutes 2004, section 
                  182.659, by adding a subdivision; proposing coding for 
                  new law in Minnesota Statutes, chapter 182. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [182.6525] [CRANE OPERATION.] 
           Subdivision 1.  [CERTIFICATION REQUIRED.] An individual may 
        not operate a crane with a lifting capacity of five tons or more 
        on a construction site unless the individual has a valid crane 
        operator certificate received from a nationally recognized and 
        accredited certification program.  No employer, and no person 
        who is under a contract to construct an improvement to land, may 
        permit any employee, agent, or independent contractor to perform 
        work in violation of this section.  A crane operator 
        certification required under this subdivision must be renewed by 
        an accredited certification program every five years. 
           Subd. 2.  [EXCEPTIONS.] The requirements of subdivision 1 
        do not apply to:  
           (1) a crane operator trainee or apprentice, if the 
        individual is under the direct supervision of a crane operator 
        who holds a valid crane operator certificate as required in 
        subdivision 1; 
           (2) a person directly employed by a class 1 or 2 railroad 
        who is qualified by the employing railroad as a crane operator 
        or boom truck operator while performing work on property owned, 
        leased, or controlled by the employing railroad; 
           (3) a person who is employed by or performing work for a 
        public utility, rural electric cooperative, municipality, 
        telephone company, or industrial manufacturing plant; 
           (4) a person who is subject to inspection and regulation 
        under the Mine Safety and Health Act, United States Code, title 
        30, sections 801 through 962; 
           (5) a person engaged in boating, fishing, agriculture, or 
        arboriculture; 
           (6) a person who is a member of and performing work for a 
        uniformed service or who is a member of and performing work for 
        the United States Merchant Marines; 
           (7) a person who is operating a crane for personal use on 
        premises owned or leased by that person; and 
           (8) a person who is operating a crane in an emergency 
        situation. 
           Subd. 3.  [PENALTIES.] An employer or general contractor 
        may be cited by the commissioner for a violation of the 
        certification requirements in this section.  A citation is 
        punishable as a serious violation under section 182.666.  
           Sec. 2.  Minnesota Statutes 2004, section 182.659, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [PROOF OF CRANE OPERATOR CERTIFICATION.] An 
        individual who is operating a crane on a worksite shall provide 
        proof of certification required under section 182.6525 upon 
        request by an investigator. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective July 1, 2007. 
           Presented to the governor May 20, 2005 
           Signed by the governor May 24, 2005, 3:10 p.m.