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:

     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 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 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.

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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.

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

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

     This act would take effect upon passage.

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