Introduced By:Senators Ruggerio, Igliozzi, Celona, Kells, DaPonte, et al.
Date Introduced : January 19, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 28-26-1, 28-26-5, 28-26-7, 28-26-8, 28-26-11, 28-26-12, and 28-26-14 of the General Laws in Chapter 28-26 entitled "Hoisting Engineers" are hereby amended to read as follows:
28-26-1. Board of examiners of hoisting engineers. --
(a) The director of labor and training shall appoint a resident
of this state who shall have had fifteen (15) years practical
experience with a full license as a hoisting engineer, who, together
with the administrator of the division of occupational safety {ADD , ADD}
{DEL and DEL} the chief boiler inspector, {ADD two (2) qualified
electors of the state appointed by the governor who hold full
licenses as hoisting engineers, one (1) person with the minimum
endorsement as a pay loader/back hoe licensed operator and the
director of labor and training or his or her designee, ADD} shall
constitute a board of examiners of hoisting engineers.
(b) The hoisting engineer shall be fully licensed and shall be
appointed for a term of six (6) years, and shall be chairperson
of the board. The {DEL two (2) other members DEL} {ADD administrator
of the division of occupational safety and the chief boiler inspector
ADD} shall remain members of the board so long as they retain
{ADD said position ADD} the position of administrator of the division
of occupational safety and chief boiler inspector, respectively.
{ADD The two (2) appointed members who hold full licenses and the person appointed with the minimum endorsement as a pay loader/back hoe licensed operator shall be appointed for a term of three (3) years. ADD}
{ADD Any vacancy on the board which shall occur for any cause shall be filled by appointment of the governor for the remainder of the unexpired term. ADD}
(c) The division of professional regulation shall examine and license hoisting operating engineers of steam, gasoline, diesel, electric, and compressed air powered machinery.
(d) The board shall supervise the operations of the division in an advisory capacity in promulgating such policy as may be necessary to improve the operation of the division in its area of expertise. The promulgation of that policy shall be subject to the approval of the director of the department.
28-26-5. {DEL License required for operation
of hoisting machinery -- Public contracts DEL} . {ADD
License required for operation of hoisting machinery-- ADD}
(a) (1) No person shall operate or be in direct charge of hoisting
or excavation equipment which uses gasoline, steam, diesel, electric,
or compressed air of five (5) horsepower or more without obtaining
a license to do so as provided in this chapter.
(2) No user or agent of a user of any machinery described in subdivision (a)(1) shall permit the machinery to be operated unless it is operated by a duly licensed person as hereinafter provided in this chapter.
(b) Every contract in the construction of public works by the state or by any city or town, or by persons contracting therewith for the construction, shall contain a clause embodying the provision of this section.
28-26-7. Application for license -- Examination. -- Each person who desires to act as a steam, gasoline, diesel, electric, or compressed air hoisting engineer shall make application to the division for a license upon a form furnished him or her, {ADD submit notarized list of work experience, ADD}and shall pass an examination on the construction and operation of steam, gasoline, electric, diesel, and compressed air engines and machinery. Applications for examinations must be received fifteen (15) working days prior to the examination date.
{ADD Any person applying for a license and who knowingly makes any misstatement as to his or her work experience or other qualifications shall be subject to the penalties provided for in section 28-26-11. ADD}
28-26-8. Conduct of examinations -- Revocation of license.
-- The examinations shall be conducted in the manner and
under rules and regulations issued by the division. Initial licenses
{DEL shall be temporary only, subject to a field examination
which may be conducted DEL} {ADD may be subject to a field examination,
if deemed necessary by the division of professional regulation,
which examination shall be conducted by the chief hoisting engineer
investigator, ADD} before renewal. Under written charges after
notice and hearing, the division may revoke the license of a person
guilty of fraud in obtaining his or her license, or who for any
reason has become unfit to discharge the duties of a steam, gasoline,
diesel, electric, or compressed air engineer.
28-26-11. Penalty for violations. -- Whoever, being
an engineer or user or agent of steam, diesel, gasoline, electric,
or compressed air hoisting machinery described in this chapter,
violates any provision of this chapter shall be fined not less
than {DEL fifty dollars ($50.00) nor more than five hundred
dollars ($500) DEL} {ADD two hundred and fifty dollars ($250.00)
nor more than nine hundred fifty dollars ($950.00) ADD} per offense,
and each day in which a violation occurs shall be deemed a separate
offense.
28-26-12. Investigation and prosecution of violations. --
The chief of the section shall act as an investigator with respect
to the enforcement of all provisions of law relative to the licensing
of hoisting engineers and to this effect whenever a complaint
is made by the chief of the section to the director of labor and
training that the provisions of this chapter are being violated,
the director of labor and training shall issue an order to cease
and desist from the violation and impose the penalties provided
in section 28-26-11 against the violator, {ADD against the operator, ADD}
against the contractor, and against the project developers. A
cease and desist order may also be issued against the owner of
equipment, against the contractor, and against the project developers
whenever the chief complains to the director that operating equipment
does not meet OSHA standards for construction equipment as contained
in 29 CFR Part 1910 {DEL . DEL} {ADD and 29 CFR 1926. ADD}
28-26-14. Persons and machinery exempt from chapter. --
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, {DEL or capstans or hoists on
trucks using the truck motor, DEL} and further shall not apply
to agriculturists, fishers, and horticulturists, or to any engine
except one which operates a hoist, shovel, crane, or excavator.
SECTION 2. Chapter 28-26 of the General Laws entitled "Hoisting Engineers" is hereby amended by adding thereto the following section:
{ADD 28-26-12.1. Inspection and right of entry. -- ADD} {ADD The division of professional regulation, by and through its hoisting engineer investigators, shall have the right and authority to enter, during times at which hoisting/excavating work is actually being performed, any commercial building, structure or premises where hoisting/excavating work is being done, except, however, any building, structure or premises exempt by law, for the purpose of ascertaining compliance with this chapter. ADD}
SECTION 3. This act shall take effect upon passage.
