Overhead and gantry cranes - Montana

In Montana, the operation of overhead and gantry cranes is regulated under specific licensing requirements and safety standards.  

Hoisting engine license

It is unlawful for a person to operate any hoisting engine driven by any power when used in lowering or hoisting personnel or material in industrial operations or on construction projects without first obtaining a license from the Montana Department of Labor and Industry.

• First-class hoisting engineers must be licensed to operate hoisting engines driven by any power and unlimited horsepower used in the lowering or hoisting of personnel or material in industrial operations or on construction projects.
• Second-class hoisting engineers must be licensed to operate hoisting engines driven by any power and not more than 100 brake horsepower used in the lowering or hoisting of personnel or material in industrial operations or on construction projects.

(50-76-103, MCA).

Crane and hoist license

Licensing is as follows:

• Licensed first-class crane and hoist engineers may operate any hoisting equipment in industrial or construction operations.
• An applicant for a first-class crane and hoist engineer’s license must be at least 18 years of age and, except as provided in 50-76-113:
  • May not have less than one year of experience operating equipment requiring a second-class crane and hoist engineer’s license or shall demonstrate equivalent competency by examination; and
  • Must pass a written test prescribed by the department.
  • A biennial physical exam is required of all first-class licensees.
• Licensed second-class crane and hoist engineers may operate crane and hoist equipment with a manufacturer’s load chart rating of between 6 tons and 17.5 tons or a tower crane of any capacity.
• An applicant for a second-class crane and hoist engineer’s license must be at least 18 years of age and, except as provided in 50-76-113:
  • May not have less than one year of experience in actual operation of crane and hoist equipment or must demonstrate equivalent competency by examination; and
  • Must pass a written examination prescribed by the department.
  • A biennial physical exam is required of all second-class licensees.
• Licensed third-class crane and hoist engineers may move all truck cranes driven by any power and of any capacity. This license requirement also applies to truck crane oilers who move truck cranes.
• An applicant for a third-class crane and hoist engineer’s license is required to successfully pass a written test prescribed by the department and must be at least 18 years of age before receiving a license.

The department must reexamine each licensee every five years during the anniversary month of the issuance of the license if the licensee has not worked at the trade for five years (50-76-103, MCA).

Application, examination, and license fees

Application for licenses must be made to the department and submitted with the appropriate fee. The fees must be commensurate with costs. The department may use a third party to perform examination and grading services (50-76-104, MCA).

Violation of licensing requirements

A person who operates a crane, hoist, or other equipment without first obtaining a license, and every owner, employer, or manager of the crane, hoist, or other equipment who permits operation by an unlicensed person is guilty of a misdemeanor (50-76-109. MCA).

Crane inspector qualifications and duties

The department must employ at least one crane inspector. The crane inspector must have a minimum of three years of experience as a licensed third-class crane and hoist engineer. The department may adopt by rule applicable operating and safety standards established by the American National Standards Institute.

A crane inspector may require that a crane, hoist, or other equipment that is not being operated in compliance with an operating or safety standard be declared out of service and not be operated until the noncompliance is cured (50-76-110, MCA).

Department recognition of national certification

The department must issue a first-class or second-class crane and hoist engineer’s license to any individual who is certified by the National Commission for the Certification of Crane Operators or any other similar certifying organization that has been approved by the department as having qualifications that are at least substantially equivalent to the requirements of Montana for licensing as a first-class or second-class crane and hoist engineer (50-76-113, MCA).

Operator possession or proof of license

A person may not operate any equipment covered by licensure unless the person has possession of the license or proof of licensure at the time the person is operating the equipment. The department will waive any fine for violation of this requirement if the person provides proof of licensure within 30 days of receiving a citation (50-76-114, MCA). 

REGULATIONS 

Hoisting operators licensing requirements (ARM 24.135.501)

No person may operate any hoisting equipment without first obtaining a hoisting operator's license.

The following hoisting licenses, issued under 50-76-102, MCA, are applicable to hoisting equipment other than mine hoisting equipment:

• First-class hoisting license;
• Second-class hoisting license.

A person applying for a hoisting operator's license must meet the following requirements:

• Have passed their 18th birthday;
• Have passed a physical examination within 180 days prior to a new application and present this report to the department, or present proof of passing an applicable physical examination; and
• Pass a written examination.

First -class license. An applicant for a first-class hoisting operator's license must have no less than one year of experience in the operation of hoisting equipment at a minimum of 1,000 hours per year. Applicants with work experience acquired in states that have no licensing requirements will qualify if their notarized certificate of experience indicates they have the required work experience on the applicable equipment.

The holder of a first-class hoisting operator's license can operate types of hoists which include but are not limited to the following:

• Elevators in buildings under construction with engines delivering unlimited brake horsepower;
• Multiple drum hoists with engines delivering unlimited brake horsepower;
• Single drum hoists with engines delivering unlimited brake horsepower; and
• All hoists allowed by second-class hoisting operators' licenses.

Second-class license. An applicant for a second-class hoisting operator's license must have no less than one year of experience in the operation of hoisting equipment at a minimum of 1,000 hours per year. Applicants with work experience acquired in states that have no licensing requirements will qualify if their notarized certificate of experience indicates they have the required work experience on the applicable equipment.

The holder of a second-class hoisting operator's license can operate the following types of hoists:

• Elevators in buildings under construction with engines delivering up to 100 brake horsepower; and
• Single drum and multiple drum hoists with engines delivering up to 100 brake horsepower.

Apprenticeships. People operating hoisting equipment who have less than one year of experience must work under the direct supervision of a licensed hoisting operator or participate in a certified apprenticeship training program.

Applications. Application for any license must be accompanied by the following:

• A notarized certificate of experience signed by a person having actual knowledge of the applicant's past work experience.
• A report of physical examination filled out and signed by the physician, physician assistant, or advanced practice registered nurse having given the examination. The physical may not be dated more than 180 days from the date the application is received.
• A qualification and experience information form.
• The license fee provided by ARM 24.135.402.

Hoisting operators' licenses need not be obtained to operate the following types of equipment:

• Stiff legs;
• Front-end and rear-end loaders;
• Forklifts;
• Hoists and elevators in completed private and public buildings; and
• Hydraulic man lifts.

Crane hoisting operator license requirements (ARM 24.135.516)

No person may operate any crane hoisting equipment without first obtaining a crane hoisting operator's license from the bureau.

Licensing types. The following crane hoisting operator's licenses are issued under 50-76-103, MCA:

• First-class crane hoisting;
• First-class crane hydraulic hoisting;
• First-class crane gantry and trolley;
• Second-class crane hoisting;
• Second-class hydraulic and boom truck;
• Third-class crane oiler;
• First-class tower crane;
• Second-class tower crane; and
• Air tugger.

Crane licensing requirements. A person applying for a crane hoisting operator's license under 50-76-103, MCA, must meet the following requirements:

• Have passed their 18th birthday;
• Have passed a physical examination within 180 days prior to a new application and present this report to the department, or present proof of passing an applicable physical examination; and
• Pass a written examination.

First-class crane licensing requirements. An applicant for a first-class crane hoisting license, first-class crane hydraulic license, first-class tower crane license or a first-class gantry and trolley license must have no less than one year of experience in the operation of crane hoist equipment, at a minimum of 1,000 hours per year. Applicants with work experience acquired in states that have no licensing requirements will qualify if their notarized certificate of experience indicates they have the required work experience on the applicable equipment.

• The holder of a first-class crane hoisting license can operate all classes of cranes and hoists except mine hoists.
• The holder of a first-class crane hydraulic hoisting license can operate all classes of hydraulic cranes, hydraulic boom trucks and hydraulic hoist equipment only.
• The holder of a first-class crane license for gantry and trolley cranes can operate gantry and trolley cranes only.
• The holder of a first-class tower crane license can operate all types of tower cranes only.
• The holder of an air tugger winch license can operate all types of air tugger winches, other than air tugger winches on equipment used to drill oil, natural gas, or water wells.

Second-class crane licensing requirements. An applicant for a second-class crane hoisting license, second-class tower crane license or second-class hydraulic and boom truck license must have no less than one year experience in the operation of crane hoisting equipment covered by this rule, at a minimum of 1,000 hours per year. Applicants with work experience acquired in states that have no licensing requirements will qualify if their notarized certificate of experience indicates they have the required work experience on the applicable equipment.

• The holder of a second-class crane hoist license can operate cranes with a manufacturer's load chart rating up to 17.5 tons, except mine hoists, or a tower crane of any capacity.
• The holder of a second-class hydraulic license can operate hydraulic cranes or boom trucks with a manufacturer's load chart rating up to 17.5 tons.
• The holder of a second-class tower crane license can operate tower cranes up to 17.5 tons.

Third-class crane oiler’s license. A third-class crane oiler's license requires no experience or physical examination. A third-class crane license authorizes the holder to move truck cranes only.

Direct supervision and apprenticeship exception. Persons operating crane hoisting equipment who have less than one year of experience must work under the direct supervision of a qualified crane hoisting operator or participate in a certified apprenticeship training program.

Licensing application. Application for a license must be accompanied by the following:

• A notarized certificate of experience signed by a person having actual knowledge of the applicant's past work experience.
• A report of physical examination filled out and signed by the physician, physician assistant, or advanced practice registered nurse having given the physical examination. The form is provided by the bureau upon request. An alternate form may be used if approved by the bureau. This physical examination form must also be filled out and submitted for license renewals.
• A qualification and experience information form provided by the bureau.
• The license fee provided by ARM 24.135.402.

Exceptions: Crane hoisting operator's licenses need not be obtained to operate:

• Crane hoisting equipment that has a manufacturer's rating of six tons or less;
• Overhead trolley cranes of any size not used in construction;
• Equipment with excavation attachments or log loading equipment; or
• Line trucks and bucket trucks.