Chapter 074
2015 -- H 5132 SUBSTITUTE A
Enacted 06/17/2015

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

It is enacted by the General Assembly as follows:
     SECTION 1. Section 28-26-11 of the General Laws in Chapter 28-26 entitled "Hoisting
Engineers" is hereby amended to read as follows:
     28-26-11. Penalty for violations. -- Whoever, being an engineer or user or agent of
steam, internal combustion engines, electric, or compressed air hoisting machinery described in
this chapter, violates any provision of this chapter shall be fined not less than three hundred
dollars ($300) one thousand five hundred dollars ($1,500) nor more than one thousand one
hundred fifty dollars ($1,150) two thousand dollars ($2,000) per offense. Each day in which a
violation occurs shall be deemed a separate offense.
     SECTION 2. Section 28-26-14 of the General Laws in Chapter 28-26 entitled "Hoisting
Engineers" is hereby amended to read as follows:
     28-26-14. Persons and machinery exempt from chapter. -- (a) The provisions of this
chapter shall not apply to engineers under the jurisdiction of the United States, or engineers or
operators employed by public utilities, and shall not apply to agriculturists, fishers, and
horticulturists, and individuals utilizing their personal farm equipment performing volunteer
services on land trust property, or to any engine except one which that operates a hoist, shovel,
crane, or excavator.
      (b) The provisions of this chapter shall not apply to powered industrial forklift trucks
commonly referenced as forklifts, pallet trucks, rider trucks, fork trucks, or lift trucks. Operators
of powered industrial forklift trucks (forklifts, pallet trucks, rider trucks, fork trucks, lift trucks)
shall be required to possess employer certification or third party third-party certification in
general industry only. This does not apply to the construction field. Operators of powered
industrial forklift trucks, in the construction field, shall be required to possess a Rhode Island
State Hoisting Engineer's License along with an operator's certification.
     SECTION 3. This act shall take effect upon passage.
========
LC000521/SUB A
========