1.1 	A bill for an act
1.2 	relating to labor; requiring the certification and
1.3 	regulation of crane operators; authorizing civil
1.4 	penalties; proposing coding for new law as Minnesota
1.5 	Statutes, chapter 184C.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [184C.01] CERTIFICATION REQUIRED.
1.8 	No individual may operate a crane with a lifting capacity
1.9 	of five tons or more on a construction site unless the
1.10 	individual has a valid crane operator certificate received from
1.11 	a crane operator certification program approved by the National
1.12 	Commission for the Certification of Crane Operators.  No
1.13 	employer, and no person who is under a contract to construct an
1.14 	improvement to land, may permit any employee, agent, or
1.15 	independent contractor to perform work in violation of this
1.16 	section.

1.17 	Sec. 2. [184C.02] EXCEPTIONS.
1.18 	The requirements of section 184C.01 do not apply to:
1.19 	(1) an individual who is receiving training as a crane
1.20 	operator, if the individual is under the supervision of a crane
1.21 	operator who holds a valid crane operator certificate received
1.22 	from a crane operator certification program approved under
1.23 	section 184C.01;
1.24 	(2) a person engaged in the occupation of crane operator on
1.25 	or within one year of the effective date of sections 184C.01 to
2.1 	184C.03, provided that the person obtains a license within one
2.2 	year of the effective date of sections 184C.01 to 184C.03;
2.3 	(3) an individual directly employed by a class 1 or 2
2.4 	railroad who holds seniority as, and is qualified by the
2.5 	employing railroad as, a crane operator or boom truck operator
2.6 	while that individual is performing work on property owned,
2.7 	leased, or controlled by the employing railroad;
2.8 	(4) an engineer or operator employed by public utilities or
2.9 	industrial manufacturing plants, or who is subject to inspection
2.10 	and regulation under the provisions of the Mine Safety and
2.11 	Health Act, United States Code, title 30, sections 801 to 962;
2.12 	(5) a person engaged in boating, fishing, agriculture, or
2.13 	arboriculture;
2.14 	(6) an individual who is a member of a uniformed service or
2.15 	who is a member of the United States Merchant Marine, if the
2.16 	individual is performing work for the uniformed service or for
2.17 	the United States Merchant Marine, respectively;
2.18 	(7) an individual who is operating a crane for personal use
2.19 	on premises owned or leased by the individual; and 
2.20 	(8) an individual who is operating a crane in an attempt to
2.21 	remedy an emergency.

2.22 	Sec. 3. [184C.03] PENALTIES.
2.23 	Any person who violates the provisions of sections 184C.01
2.24 	and 184C.02 may be fined not more than $5,000.

2.25 	Sec. 4. EFFECTIVE DATE.
 2.26 	Sections 1 to 3 are effective August 1, 2005.