Chapter
506
2007 -- S 0507
Enacted 10/30/07
A N A C T
RELATING TO LABOR --
HOISTING ENGINEERS
Introduced By: Senators Ruggerio, McCaffrey, Connors, Badeau, and Moura
Date Introduced: February
13, 2007
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 28-26-1, 28-26-1.1, 28-26-7 and 28-26-8 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 has 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, the chief boiler inspector,
two (2) qualified electors of the state individuals
appointed
by the governor who hold full licenses as hoisting engineers, one 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 and two (2)
members, also appointed by the governor, who hold a
hoisting
engineers license with any regular endorsement, shall constitute a board of examiners of
hoisting
engineers.
(b) (1) The administrator of the division of occupational safety and the
chief boiler
inspector
shall remain members of the board so long as they retain their positions.
(2) 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.
(b)(1)
Each member appointed by the governor and director of labor and training shall
be
appointed
for a term of three (3) years.
(3) (2) Any vacancy absence on the board which
occurs for any cause shall may be filled
by the
administrator of professional regulation for the purpose of obtaining a quorum.
Any
vacancy
on the board which occurs for any causes shall be filled by appointment of the governor
for the
remainder of the unexpired term.
(c) The division of professional regulation shall examine and license hoisting
operating
engineers
of steam, internal combustion engines, 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.
(e) The members of the board of examiners of hoisting engineers shall elect a
chairperson
and secretary annually every February. Vacancies arising in the office of
chairperson
or
secretary between regular appointments shall be cared for in a like manner.
28-26-1.1.
Functions of board of examiners -- Code of ethics. – The hoisting
engineers
board
shall meet once a month or as deemed necessary to conduct business. The board shall have
a policy
making role in the preparation and amendment of rules and regulations
pertaining to
chapter
26 of title 28, and in the
preparation and composition of the examinations to be
administered
by the division. Subsequent to the administration of the examinations, the
board of
examiners
shall review the examinations to evaluate their effectiveness. The board
shall also hold
hearings
on violations of chapter 26 of title 28, and make recommendations to the
director of
labor
and training. Members of the board
shall be subject to the provisions of chapter 14 of title
36.
28-26-7.
Application for license -- Examination. -- (a) Each person who desires
to act
as a
steam, internal combustion engines, electric, or compressed air hoisting
engineer shall make
application
to the division for a license upon a form furnished to him or her, submit a
notarized
list of
work experience, and shall pass an examination on the construction and
operation of steam,
electric,
internal combustion engines, and compressed air engines and machinery.
Applications
for
examinations must be received fifteen (15) working days prior to the
examination date.
(b) 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.
(c) In addition to the requirements for submitting an application for
examination, as
required
in subsection (a) above, any person applying for a full license, a hydraulic
crane license,
or a
lattice crane license shall also be required to include a valid medical health
card with their
application.
A separate notarized statement shall also be attached to the application,
and shall
contain
all work related experience, including all equipment trained on and/or
operated.
(d) In addition to the requirements for submitting an application for
examination, as
required
in subsection (a) above, any person applying for a construction forklift license
or a full
license shall also be required to include a copy of their
OSHA forklift certification with their
application.
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
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,
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, internal combustion engines,
electric, or
compressed
air engineer. Licenses will not be issued to individuals who have not paid
their
violations
in full.
SECTION
2. This act shall take effect upon passage.
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LC00414
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