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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