2015 -- H 5132 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- HOISTING ENGINEERS

     

     Introduced By: Representatives Carnevale, O'Brien, Ucci, McKiernan, and Slater

     Date Introduced: January 15, 2015

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-26-11 of the General Laws in Chapter 28-26 entitled "Hoisting

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Engineers" is hereby amended to read as follows:

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     28-26-11. Penalty for violations. -- Whoever, being an engineer or user or agent of

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steam, internal combustion engines, electric, or compressed air hoisting machinery described in

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this chapter, violates any provision of this chapter shall be fined not less than three hundred

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dollars ($300) one thousand five hundred dollars ($1,500) nor more than one thousand one

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hundred fifty dollars ($1,150) two thousand dollars ($2,000) per offense. Each day in which a

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violation occurs shall be deemed a separate offense.

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     SECTION 2. Section 28-26-14 of the General Laws in Chapter 28-26 entitled "Hoisting

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Engineers" is hereby amended to read as follows:

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     28-26-14. Persons and machinery exempt from chapter. -- (a) The provisions of this

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chapter shall not apply to engineers under the jurisdiction of the United States, or engineers or

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operators employed by public utilities, and shall not apply to agriculturists, fishers, and

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horticulturists, and individuals utilizing their personal farm equipment performing volunteer

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services on land trust property, or to any engine except one which operates a hoist, shovel, crane,

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or excavator.

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      (b) The provisions of this chapter shall not apply to powered industrial forklift trucks

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commonly referenced as forklifts, pallet trucks, rider trucks, fork trucks, or lift trucks. Operators

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of powered industrial forklift trucks (forklifts, pallet trucks, rider trucks, fork trucks, lift trucks)

 

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shall be required to possess employer certification or third party certification in general industry

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only. This does not apply to the construction field. Operators of powered industrial forklift trucks,

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in the construction field, shall be required to possess a Rhode Island State Hoisting Engineer's

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License along with an operator's certification.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- HOISTING ENGINEERS

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     This act would increase the fines for violations of chapters regulating hoisting engineers.

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This act would also exempt individuals utilizing their personal farm equipment and performing

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volunteer services on land trust property from the provisions of this chapter.

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     This act would take effect upon passage.

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