Overhead and gantry cranes - Massachusetts

Massachusetts follows federal OSHA regulations for overhead and gantry cranes.   

The Massachusetts state OSHA plan has adopted all federal OSHA regulations and covers all state and local government workers.

However, there are numerous state-specific requirements contained in statutes and regulations. 

STATUTORY REQUIREMENTS 

Licensing requirement for operation of hoisting equipment. Any company that operates hoisting equipment specifically limited to industrial lift trucks, forklifts, overhead cranes and other hoisting equipment, specifically authorized by the division of occupational licensure and used exclusively on company property will be exempt the licensing requirements if the company has:  

• At least one supervisory employee is on site at all times of operation, and the supervisory employee holds a license issued by the division of occupational licensure and is designated as the responsible person in charge of hoisting equipment during that period of operation; and 
• The company provides an in-service training program for its employees.  

(ALM GL ch. 146, § 53(g)).  

Licensing for apprentice hoisting engineers. The Massachusetts commissioner of the division of occupational licensure issues rules and regulations embodying the classifications of hoisting machinery and establishing criteria and procedures for the issuance, denial, renewal, suspension and revocation of licenses of apprentice operators of such machinery. Criteria for issuance of apprentice licenses will include, but not be limited to:  

• Training and experience requirements appropriate to the categories of machinery for which the license is intended, and 
• Registration with the apprenticeship council within the department of labor standards.  

A holder of an apprentice license may operate hoisting machinery only under the guidance and supervision of a holder of a license to operate for the category of hoisting machinery to be operated by the apprentice. (ALM GL ch. 146, § 53A). 

License to be carried on the person. A license or temporary permit to operate hoisting machinery must be carried on the person of the operator or apprentice operator while operating such hoisting machinery. (ALM GL ch. 146, § 54). 

Penalty for violation of licensing provisions of §§ 53, 53A, or 54. Whoever violates any provision of §§ 53, 53A or 54, or any rule or regulation made thereunder, will be punished by a fine of not less than $500 and not more than $3,000, or by imprisonment for not more than three months, or both.   

Whoever prevents or attempts to prevent any inspector from entering any premises on the discharge of his duty with respect to §§ 53 and 54 must be punished by a fine of not less than $250 and not more than $3,000, or by imprisonment for not more than three months, or both. 

Any person who permits an unlicensed person to operate hoisting machinery will be subject to a fine of not less than $1,000 and not more than $3,000, or imprisonment for not more than three months, or both. (ALM GL ch. 146, § 54A). 

Application for license to operate hoisting machinery. Operators of hoisting machinery must apply to the division of occupational licensure for a license. If the criteria for licensure are met by the applicant, the applicant must pass a written or practical examination, or both, in accordance with the § 53 standards. Any operator of hoisting machinery whose license is revoked, and any person who is penalized under § 54A, must pass both a written and practical examination before he may be issued a subsequent license. The passing of the applicable examination will entitle the applicant to a license to operate hoisting machinery in the category or categories for which he has applied and been examined. Each license issued must contain a photograph of the licensee. (ALM GL ch. 146, § 65).  

Application for a temporary permit to operate hoisting machinery. Operators of compact hoisting machinery for rent for which licensure is required under § 53 on a temporary basis, must apply to the person or entity from which the machinery is to be rented for a temporary permit. However, the person or entity renting the machinery must have obtained authorization to issue temporary permits from the commissioner of the division of occupational licensure.  

If the applicant meets the criteria for issuance of a temporary permit, the applicant must pass an examination under the standards of § 53. If the applicant passes the examination, the applicant will be entitled to a temporary permit to operate hoisting machinery in the category or categories for which the applicant has applied and been examined. (ALM GL ch. 146, § 65A). 

Hoisting license appeals. A person aggrieved by the action of a single examiner in refusing, suspending or revoking a license to act as an operator of hoisting machinery may, within one week, appeal to the commissioner of the division of occupational licensure, who must appoint three inspectors of the office of public safety and inspections of the division of occupational licensure, or himself and two inspectors, to act together as a board of appeal. The decision of a majority of the members of the board of appeal will be final. (ALM GL ch. 146, § 66A). 

Time of expiration of licenses. A license will continue in force until the date of birth of the licensee occurring more than 12 months but not more than 24 months after the effective date of the license unless suspended or revoked for incompetence or untrustworthiness of the licensee, except that a special license does not continue in force after the holder thereof ceases to be employed in the plant specified in the license. (ALM GL ch. 146, § 67).   

REGULATORY REQUIREMENTS 

Application of hoisting machinery regulations. The Massachusetts hoisting machinery regulations contained in 520 CMR 6.00 apply to hoisting machinery that is used on private or public property for construction projects and for the warehousing and movement of materials, except when being used exclusively for agricultural purposes. (520 CMR 6.01). 

Licensing requirements. The state regulations establish administrative provisions for license issuance, license renewals, fees, examinations, and appeals for all hoisting machinery licensure. (520 CMR 6.02). 

Temporary permits to operate rented compact hoisting machinery. All individuals or organizations seeking approval to issue temporary permits as short-term rental entities must submit for the Department's approval, the following: 

• A completed application on a form furnished by the Department;  A copy of the training program to be used by the short-term rental entity; 
• A copy of the examination(s) to be used;  
• The make and model of the equipment to be used in the training program; 
• The name and Massachusetts hoisting license number of at least one individual who will act as the short-term rental entity facilitator; 
• A legible photocopy of the short-term rental entity facilitator's Massachusetts hoisting license; 
• A legible photocopy of the short-term rental entity facilitator's driver's license, valid Massachusetts ID issued by the Massachusetts Registry of Motor Vehicles, or driver's license learner's permit. 

The Department will issue a certificate of approval to individuals or organizations seeking approval to issue temporary permits as short-term rental entities. Approval will be contingent upon having a short-term rental entity facilitator that holds a valid Massachusetts hoisting license in the applicant entity's employ. (520 CMR 6.03).   

Continuing education and training facilities. All hoisting license holders must complete continuing education requirements of 520 CMR 6.04 prior to license renewal, unless a request for an inactive license status has been made pursuant to 520 CMR 6.04(3). (520 CMR 6.04). 

Apprentice licenses. The Department may issue an apprentice license to currently unlicensed individuals who are registered as apprentices at a training facility and submit proof of registration with the Department of Labor Standards pursuant to ALM GL, ch. 146, § 53A. The apprentice license will allow for operation of hoisting machinery during the training period, provided that the holder operates the hoisting machinery only while under the direct guidance of a duly licensed person. (520 CMR 6.05). 

Exempt companies. The following companies may be exempt from the licensing and permitting requirements of 520 CMR 6.02 and 6.03: 

• Public utility companies; 
• Other companies operating only upon public utility company property or equipment; and 
• Other companies operating equipment exclusively on company property. 

For any of the exemptions to apply, the following requirements must be met: 

• A public utility company that operates self-propelled truck-mounted cranes, derricks and similar hoisting equipment for the maintenance and construction of the company's equipment shall be exempt from the licensing and permitting requirements if the company has: 
  • At least one supervisory employee who holds a license issued by the Department and who is designated as the responsible person in charge of the hoisting equipment; and 
  • A company provides in-service training program for its employees. 
• Any other company that has cranes, derricks and similar hoisting equipment operated only upon public utility company property or equipment will be exempt from the licensing and permitting requirements if: 
  • The company has met the requirements set forth in 520 CMR 6.06(2)(a)1. and 2.; 
  • The company's employees have obtained a company license from an approved in-service training program of the public utility company for which they are performing work; or 
  • The company's employees are working at the direction of the public utility company and performing work associated with service restoration in connection with a weather or other emergency causing damage to property or equipment. 
• Any other company that operates hoisting equipment specifically limited to industrial lift trucks, forklifts, overhead cranes and other hoisting equipment, specifically authorized by the Department and used exclusively on company property will be exempt from the licensing and permitting requirements if: 
  • The company has met the requirements of 520 CMR 6.06(2)(a)1. and 2., and 
  • At least one supervisory employee is on site at all times of operation, and the supervisory employee holds a license issued by the Department under 520 CMR 6.06(2)(c) and is designated as the responsible person in charge of hoisting equipment during that period of operation.

(520 CMR 6.06).   

In-service training program for exempt companies. Exempt individuals or organizations seeking to operate in-service training programs for hoisting machinery must submit certain information to the Department, including:  

• A completed application on a form furnished by the Department; 
• Identification of Department-approved curricula or a copy of company curricula and training materials, all of which must incorporate a classroom and a practical component; 
• A list including the names and Massachusetts hoisting machinery license numbers of all instructors, a legible photocopy of instructors' Massachusetts hoisting machinery license, and legible photocopies of the company licenses; and 
• A list of the type of equipment, including model and make, to be used in the company's in-service training program.

(520 CMR 6.07).   

Operating procedures for hoisting machinery. All hoisting machinery must be operated in accordance with the manufacturer's specifications. In the event the manufacturer does not exist, a Massachusetts registered professional engineer must review and approve, in writing, the actions and reasons for the specifications. The manufacturer or the professional engineer must demonstrate to the Department upon request, from standards or from the maintenance manual, that the specifications will not compromise the integrity of the hoisting machinery and public safety. Prior to operation, the operator must perform the following: 

• Maintenance. Maintenance, repair and refueling must be done when the machine is inoperable and secure. 
• Required inspections. Visual inspection must be made daily of wire ropes, bearings, gears, friction clutches, brakes, chain drives and other parts subject to wear on all hoisting machinery to ensure against development of unsafe conditions. A daily log sheet in accordance with 29 CFR 1926 and 29 CFR 1910 inspectional methods must be available to the Department during the useful life of the machine. 
• Additional requirements:
  • A written and signed record of all inspections must be kept with the hoisting machinery and made available at the site for examination by the Department that conforms with the requirements of 29 CFR 1926.1412. 
  • Prior to starting any hoisting machinery, the operator must make a complete walk-around of the equipment to verify people are clear of the equipment, and that it is in a safe condition. 
  • The operator must not engage in any practice that will divert their attention while engaged in operating the hoisting machinery. 
  • At no time may the operator of hoisting machinery operate or be required to operate the hoisting machinery beyond its rated capacity without the manufacturer's written approval which must include a new chart showing the new limitations. Other than assembly/disassembly, the use of the load moment indicator override key or the entering of false crane set-up criteria to increase rated capacity is strictly forbidden. 
  • The operator must operate hoisting machinery only when fully attentive. The operator must not operate the equipment erratically and/or under the influence of alcohol or drugs. When an operator is physically or mentally unfit, the operator must not operate hoisting machinery. 
  • Prior to operating hoisting machinery with a rotating superstructure, safety procedures such as but not limited to the erection of barricades, warning lines or other procedures must be used to prevent entry into the swinging superstructure's radius. 
  • All controls must be tested by the operator prior to operating the hoisting machinery. If any controls are found to be functioning improperly, repairs must be made in accordance with manufacturer's requirements prior to the operation of the hoisting machinery. 
  • Operators must respond only to signals given by a signal person except in emergency situations. 
  • If a warning signal is furnished by the operator, it must be sounded each time before traveling, and intermittently during travel particularly when approaching people. 
  • The operator must be responsible for those operations under their direct control. When there is any doubt as to the safety of any action, the operator must have the authority to stop and refuse to handle loads until safety has been assured. 
  • The operator is responsible for securing any unattended hoisting machinery in accordance with applicable manufacturer's specifications. 
  • If power fails during operation of any hoisting machinery, the operator must secure the machine prior to leaving the equipment. When practical, suspended loads must be landed under brake control.
  • At no time may persons work under a boom or a load suspended thereon except in the case of tower cranes. 
  • All manufacturer's load charts and operation manuals must be kept in the hoisting machinery. 
  • All applicable power line clearances must be maintained. 
  • Hoisting machinery equipped with outriggers/stabilizers must be used, with adequate blocking, according to manufacturer's specifications or surface conditions. 
  • Dig Safe. Prior to any excavation, Dig Safe and other utilities not covered by Dig Safe must be notified. The operator must have a Dig Safe permit number, start date, and time.
  • All manufacturer approved attachment records must be made readily available at the request of the Inspector. 
  • The operator must carry on his or her person during all times of operation of hoisting machinery a valid driver's license, Massachusetts ID, driver's license learner's permit, or other form of government-issued identification. 

(520 CMR 6.08).   

Special requirements for cranes. The operator must not operate a crane unless the following requirements are met: 

• Loading. Material moving, handling or hoisting machinery must be loaded in accordance with the manufacturer's specifications. Manufacturers' load-rating plates or applicable load charts must be kept in the cab of the crane in clear view of the operator. Rating plates or load charts for boom cranes must clearly indicate the safe load for maximum and minimum positions of the boom and for at least two intermediate positions. The procedures applicable to the operation of the equipment, including instructions, recommended operating speeds, special hazard warnings, and operator's manual, must always be readily available in the cab for use by the operator. Where rated capacities are available in the cab only in electronic form: In the event of a failure which makes the rated capacities inaccessible, the operator must immediately cease operations or follow safe shut-down procedures until the rated capacities (in electronic or other form) are available. 
• Boom stops. Devices to prevent the boom from falling over backward must be provided on cranes. Cable boom stops by themselves are not considered adequate for this purpose. 
• Speed controls and stops. Hoisting machinery operating on rails, tracks or trolleys must be equipped with speed controls and must have positive stops or limiting devices to prevent overrunning safe limits. 
• Equipment modifications. Any modification made to hoisting machinery must maintain at least the same factor of safety as the original designed equipment. A record of the differences between the unmodified machinery and the modified machinery must be maintained by the owner of the machinery and furnished to the Department upon request. All modifications must be made with the manufacturer's written approval. If the manufacturer's written approval cannot be obtained, the owner must have a professional engineer create and certify a procedure which will be added to the permanent record of the equipment. 
• Protection of operator. The operator of material handling and moving equipment when exposed to overhead hazards or the elements must be protected with a cab or equivalent covering affording adequate protection but which does not cut off his vision of the load movements. All windows in cabs must be of safety glass, or equivalent, that introduces no visible distortion that will interfere with the safe operation of the machine. 
• Required presence. Operators of material moving, handling or hoisting machinery must remain at the controls while the load is suspended, except in cases where loss of power occurs in which case operators must act pursuant to 520 CMR 6.08(13). The operator of the machine must not leave the machine while the master clutch is engaged. 
• Erection or dismantling. Crane erection or dismantling must be performed in accordance with the manufacturer's specifications and 29 CFR 1926, under the supervision of his or her representative or other persons experienced in erection and/or dismantling of this type of equipment. The attachments used with cranes must not exceed the capacity, rating or scope recommended by the manufacturer. 
• Factor of safety. All parts of the crane and supports must be designed, constructed and maintained to withstand all stresses resulting from intended use with a safety factor of not less than 2.0. 
• Capacity schedule/load charts. Each crane model must contain a schedule of load capacities in the operator's station at all times.

(520 CMR 6.09 (1)).   

Special requirements for crane suspended personnel platforms. Hoisting, lowering, swinging, or traveling while anyone is on the load or hook is prohibited except when the use of a conventional means of access to any elevated worksite would be impossible or more hazardous.  

• Crane operations. Where conventional means (e.g., scaffolds, ladders) access would not be considered safe, personnel hoisting operations which comply with the terms of 520 CMR 6.00 would be authorized. 
  • Cranes used to hoist personnel must be placed on a firm foundation and the crane or derrick must be uniformly level within one percent of level grade.
  • The crane operator must always be at the controls when the crane engine is running, and the personnel platform is occupied.  
  • The crane operator also must have full control over the movement of the personnel platform. Any movement of the personnel platform must be performed slowly and cautiously without any sudden jerking of the crane, derrick, or the platform.  
  • Wire rope used for personnel lifting must have a minimum safety factor of seven.  
  • Rotation resistant rope must have a minimum safety factor of ten. 
  • When the occupied personnel platform is in a stationary position, all brakes and locking devices on the crane or derrick must be set. 
  • The combined weight of the loaded personnel platform and its rigging must not exceed 50 percent of the rated capacity of the crane for the radius and configuration of the crane. 
• Instruments and components. Cranes with variable angle booms must have a boom angle indicator that is visible to the operator. Cranes with telescoping booms must be equipped with a device to clearly indicate the boom's extended length, or an accurate determination of the load radius to be used during the lift must be made prior to hoisting personnel. Cranes also must be equipped with: 
  • An anti-two-blocking device that prevents contact between the load block and overhaul ball and the boom tip; or
  • A two-block damage-prevention feature that deactivates the hoisting action before damage occurs. 
• Personnel platforms. Platforms used for lifting personnel must be designed with a minimum safety factor of five and designed by a professional engineer or a qualified person competent in structural design.  In addition:
  • The suspension system must be designed to minimize tipping due to personnel movement on the platform.
  • Each personnel platform must be provided with a standard guardrail system that is enclosed from the toe-board to the mid-rail to keep tools, materials, and equipment from falling on employees below.  
  • The platform also must have an inside grab rail, adequate headroom for employees, and a plate or other permanent marking that clearly indicates the platform's weight and rated load capacity or maximum intended load.  
  • When personnel are exposed to falling objects, overhead protection on the platform and the use of hard hats are required. 
  • An access gate, if provided, must not swing outward during hoisting and must have a restraining device to prevent accidental opening. 
  • All rough edges on the platform must be ground smooth to prevent injuries to employees. 
  • All welding on the personnel platform and its components must be performed by a qualified welder who is familiar with weld grades, types, and materials specified in the platform design. 
• Loading. The personnel platform must not be loaded in excess of its rated load capacity or its minimum intended load. Only personnel instructed in the requirements of the regulation and the task to be performed, along with their tools, equipment, and materials needed for the job, are allowed on the platform. Materials and tools must be secured and evenly distributed to balance the load while the platform is in motion. 
• Rigging. When a wire rope bridle is used to connect the platform to the load line, the bridle legs must be connected to a master link or shackle so that the load is evenly positioned among the bridle legs. Bridles and associated rigging for attaching the personnel platform to the hoist line must not be used for any other purpose. Attachment assemblies such as hooks must be closed and locked to eliminate the hook throat opening; an alloy anchor-type shackle with a bolt, nut, and retaining pin may be used as an alternative. "Mousing" (wrapping wire around a hook to cover the hook opening) is not permitted. 
• Inspecting and testing. A trial lift of the unoccupied personnel platform must be made before any employees are allowed to be hoisted. During the trial lift, the personnel platform must be loaded at least to its anticipated lift weight. The lift must start at ground level or at the location where employees will enter the platform and proceed to each location where the personnel platform is to be hoisted and positioned. The trial lift must be performed immediately prior to placing personnel on the platform. The crane or derrick operator must check all systems, controls, and safety devices to ensure the following: 
  • They are functioning properly. 
  • There are no interferences. 
  • All boom or hoisting configurations necessary to reach work locations will allow the operator to remain within the 50 percent load limit of the hoist's rated capacity. If a crane or derrick is moved to a new location or returned to a previously used one, the trial lift must be repeated before hoisting personnel.  After the trial lift, the personnel platform must be hoisted a few inches and inspected to ensure that it remains secured and is properly balanced. 
  • Before employees are hoisted, a check must be made to ensure the following: 
    • Hoist ropes are free of kinks. 
    • Multiple part lines are not twisted around each other. 
    • The primary attachment is centered over the platform. 
    • There is no slack in the wire rope. 
    • All ropes are properly seated on drums and in sheaves. 
  • Immediately after the trial lift, a thorough visual inspection of the crane or derrick, the personnel platform, and the crane or derrick base support or ground must be conducted by a competent person to determine if the lift test exposed any defects or produced any adverse effects on any component or structure. Any defects found during inspections must be corrected before hoisting personnel. 
  • When initially brought to the job site and after any repair or modification, and prior to hoisting personnel, the platform and rigging must be proof tested to 125 percent of the platform's rated capacity. This is achieved by holding the loaded platform-with the load evenly distributed-in a suspended position for five minutes. A competent person must inspect the platform and rigging for defects. If any problems are detected, they must be corrected, and another proof test must be conducted. Personnel hoisting must not be conducted until the proof testing requirements are satisfied. 
• Pre-lift meeting. The employer must hold a meeting with all employees involved in personnel hoisting operations (crane or derrick operator, signal person(s), employees to be lifted, and the person responsible for the hoisting operation) to review the provisions of 520 CMR 6.09, and the procedures to be followed before any lift operations are performed. This meeting must be held before the trial lift at each new work site and must be repeated for any employees newly assigned to the operation. 
• Safe work practices. Employees must follow these safe work practices: 
  • Use tag lines unless their use creates an unsafe condition. 
  • Keep all body parts inside the platform during raising, lowering, and positioning. 
  • Make sure a platform is secured to the structure where work is to be performed before entering or exiting it, unless such securing would create an unsafe condition. 
  • Wear a body belt or body harness system with a lanyard. The lanyard must be attached to the lower load block or overhaul ball or to a structural member within the personnel platform. If the hoisting operation is performed over water, the requirements of 29 CFR 1926.1060: Working Over or Near Water will apply. 
  • Stay in view of, or in direct communication with, the operator or signal person. 
  • Crane operators must follow these safe work practices: 
    • Never leave crane or derrick controls when the engine is running or when the platform is occupied. 
    • Stop all hoisting operations if there are indications of any dangerous weather conditions or other impending danger. 
    • Do not make any lifts on another load line of a crane that is being used to hoist personnel. 
• Movement of cranes. Personnel hoisting is prohibited while the crane is traveling except when the employer demonstrates that this is the least hazardous way to accomplish the task or when portal, tower, or locomotive cranes are used. When cranes are moving while hoisting personnel, the following rules apply: 
  • Travel must be restricted to a fixed track or runway. 
  • Travel also must be limited to the radius of the boom during the lift. 
  • The boom must be parallel to the direction of travel. 
  • There must be a complete trial run before employees occupy the platform. 
  • If the crane has rubber tires, the condition and air pressure of the tires must be checked and the chart capacity for lifts must be applied to remain under the 50 percent limit of the hoist's rated capacity. Outriggers may be partially retracted as necessary for travel.  

(520 CMR 6.09 (6)). 

Accident reporting. Operators of hoisting machinery must cease operating if ordered by the Department to do so. 

• Conditions which warrant immediate cessation of operation may include but are not limited to: 
  • Serious injury; or
  • Any condition that is necessary for the preservation of public health or safety as determined by the Inspector. 
• Operators of hoisting machinery must immediately surrender their hoisting license or temporary permit if ordered by the Department to do so. 
• Any person found operating hoisting machinery without a license, temporary permit, apprentice license or proper classification of hoisting license must immediately cease operating. The person must make his identity known to the Department with a valid government-issued form of photographic identification. 
• Notification/investigation: 
  • Notification. Any incident which results in serious injury, property damage, or any condition that is necessary for the preservation of the public health or safety at a site where hoisting machinery is operational must be reported by the licensee operating the hoisting machinery or owner or owner's representative to the Department through the Department Incident Hotline at (508) 820-1444 within one hour from the time that the incident occurred or was discovered. The hoisting machinery must not be moved or dismantled from the site of the incident until the Department has investigated the incident, and approval is granted by an Inspector. The only exception to this requirement is for preservation of life and property, the removal of injured persons or bodies or to permit the flow of emergency vehicles. The hoisting machinery and area surrounding the hoisting machinery must not be disturbed, cleaned, or altered in any way that will impede the investigation.  
  • Investigation. If an incident occurs, the hoisting machinery must be immediately shut down and secured by the operator until an Inspector has completed an investigation. No person may move or alter the incident scene or the hoisting machinery, except to remove the victim(s), until the Inspector has completed the investigation and determined that the hoisting machinery is safe. Incidents must be reported within one hour to the Department through the Department Incident Hotline at (508) 820-1444 and a written report must be submitted to the Department within 48 hours. The hoisting machinery, operator, and owner of the hoisting machinery must be accessible to the Department.  

(520 CMR 6.11). 

Suspension, revocation, and appeals of licensing, certification, and temporary permitting. Where the Commissioner, Chief or any Inspector determines that circumstances indicate the denial or immediate suspension or revocation of a license or temporary permit or company certificate of approval to operate hoisting machinery is necessary for the preservation of the public health or safety, they may deny, revoke or suspend depending on the severity of the offense.  

Any license may be revoked or suspended for the following reasons:   

• False or misleading information on application for examination or license renewal. 
• Operating hoisting machinery under the influence of alcohol or drugs. 
• Failure to pay excise tax or other taxes. 
• Failure to report accidents as required by the Department. 
• Failure to report a serious injury as required by the Department. 
• Operating in an unsafe manner. 
• Failure to comply with any provision of 520 CMR 6.00. 
• Failure to comply with M.G.L. c. 146, §§ 53 through 56. 
• The fraudulent or otherwise improper issuance of temporary permits. 
• The fraudulent or otherwise improper issuance of any company license. 

A licensee aggrieved by the suspension or revocation of their license or temporary permit to operate hoisting machinery may, within one week, appeal from such decision to the Chief who must appoint three Inspectors of the Department, or himself and two Inspectors, to act together as a board of appeal. The decision of a majority of the members of the board of appeal will be final and may be appealed. (520 CMR 6.12). 

Variance procedure. Any person who believes that full compliance with the hoisting machinery regulations of 520 CMR 6.00 is overly burdensome may apply to the Department for a variance. The burden is on the applicant to demonstrate in writing to the Department that the granting of the variance would not compromise public safety or otherwise undermine the purpose of 520 CMR 6.00.  

Applications for a variance must be made on a form provided by the Department and must contain such information as is required by the Department and must be signed by the applicant. Upon receipt of an application for a variance, the Commissioner, or his or her designee may: 

• Grant the application with whatever conditions are deemed appropriate; or 
• Deny the application without a hearing.

Any person aggrieved by this decision may file a request for an adjudicatory hearing with the Department within 30 days of receipt of the decision.  (520 CMR 6.13).