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; amending Minnesota Statutes 2004, section
1.5 	182.659, by adding a subdivision; proposing coding for
1.6 	new law in Minnesota Statutes, chapter 182.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [182.6525] CRANE OPERATION.
1.9 		Subdivision 1.Certification required. An individual may
1.10 	not operate a crane with a lifting capacity of five tons or more
1.11 	on a construction site unless the individual has a valid crane
1.12 	operator certificate received from a nationally recognized and
1.13 	accredited certification program.  No employer, and no person
1.14 	who is under a contract to construct an improvement to land, may
1.15 	permit any employee, agent, or independent contractor to perform
1.16 	work in violation of this section.  A crane operator
1.17 	certification required under this subdivision must be renewed by
1.18 	an accredited certification program every five years.
1.19 		Subd. 2.Exceptions. The requirements of subdivision 1
1.20 	do not apply to:
1.21 	(1) a crane operator trainee or apprentice, if the
1.22 	individual is under the direct supervision of a crane operator
1.23 	who holds a valid crane operator certificate as required in
1.24 	subdivision 1;
1.25 	(2) a person directly employed by a class 1 or 2 railroad
1.26 	who is qualified by the employing railroad as a crane operator
2.1 	or boom truck operator while performing work on property owned,
2.2 	leased, or controlled by the employing railroad;
2.3 	(3) a person who is employed by or performing work for a
2.4 	public utility, rural electric cooperative, municipality,
2.5 	telephone company, or industrial manufacturing plant;
2.6 	(4) a person who is subject to inspection and regulation
2.7 	under the Mine Safety and Health Act, United States Code, title
2.8 	30, sections 801 through 962;
2.9 	(5) a person engaged in boating, fishing, agriculture, or
2.10 	arboriculture;
2.11 	(6) a person who is a member of and performing work for a
2.12 	uniformed service or who is a member of and performing work for
2.13 	the United States Merchant Marines;
2.14 	(7) a person who is operating a crane for personal use on
2.15 	premises owned or leased by that person; and 
2.16 	(8) a person who is operating a crane in an emergency
2.17 	situation.
2.18 		Subd. 3.Penalties. An employer or general contractor
2.19 	may be cited by the commissioner for a violation of the
2.20 	certification requirements in this section.  A citation is
2.21 	punishable as a serious violation under section 182.666.

2.22 	Sec. 2. Minnesota Statutes 2004, section 182.659, is
2.23 	amended by adding a subdivision to read:
2.24 		Subd. 1a.Proof of crane operator certification. An
2.25 	individual who is operating a crane on a worksite shall provide
2.26 	proof of certification required under section 182.6525 upon
2.27 	request by an investigator.

2.28 	Sec. 3. EFFECTIVE DATE.
 2.29 	Sections 1 and 2 are effective July 1, 2007.