Overhead and gantry cranes - Rhode Island

Rhode Island follows federal OSHA regulations for overhead and gantry cranes.   

There are state-specific regulations governing the examining and licensing of hoisting engineers.

Types of licenses

Rhode Island offers two types of licenses for hoisting engineers, they are:

• Unrestricted license. This license qualifies the person to operate the equipment specified on the license, in the category or categories designated in § 8.5. This license is valid for work for multiple employers.
• Restricted license. This license is valid only for work performed in the employment of a single employer, within the premises owned and occupied by the employer, and is restricted to the type of equipment as specified on the license, in the category or categories designated in § 8.5. Municipal, state, and quasi-state employees, who hold a restricted license, must follow the same provisions as stated for restricted licensees.

(260 RICR 030-15-8.4).

Categories of licenses

Rhode Island offers several categories of hoisting licenses. Those applicable to overhead and gantry cranes are the following:

• Full license. This license allows the operation of all hoisting and excavating equipment. A full license must be issued to any person, successfully completing an examination for the same, who previously qualified himself/herself as a hoisting engineer with a valid regular Rhode Island hoisting license for a period of at least two years.
• Overhead electric crane license. This license allows the operation of machinery which is electrically operated, that moves along an overhead rail that supports a trolley enabling material to be hoisted from one location to another.

(260 RICR 030-15-8.5).

License requirements

Rhode Island licensing requirements are as follows:

• The Division of Professional Regulation must conduct examinations every 30 days, or sooner, as the Director deems necessary. The passing score will be 70 percent.
• Any person holding a Restricted License may at any time apply for examination to qualify for operation of additional types of machinery. If an applicant passes such an examination, the applicant's license will indicate equipment for which he/she qualifies.
• Licenses must show the date of issuance and will expire on the licensee's birthday every two years. Licenses may be renewed on or after that date, within a two-year period, upon payment of the appropriate renewal fees, plus a $12 per month assessment fee for the delinquency period. No re-examination will be permitted during the 24-month delinquency period.
  • If licenses are not renewed in two years, the applicant will be subjected to re-examination.
  • Any person with a pending violation will not be permitted to take a hoisting engineer examination, until such time as the fine and/or violation has been settled.
  • Any license expiring while the holder is in the active military, naval, or air service of the United States will be renewed without further examination, upon payment of the prescribed fee, at any time within four months after the person's discharge from the service.
• Every person must have their license in their possession and on their person at all times while engaged in actual operation of hoisting machinery. No person may transfer his/her license to another person. No licensee may voluntarily give up possession of his/her license or place it beyond his/her personal control by pledging or depositing it with another person. Failure to comply with the above will subject the holder to revocation of his/her license and any other penalties prescribed by law.
• All applications for a license must be accompanied by a Medical Certification (DOT medical card), an affidavit detailing work history, one photo of applicant, and a non-refundable fee of $75 dollars.
• The Board of Examiners has the power to disregard any of the above rules and regulations if necessary, during a governmentally declared state of emergency.
• In accordance with the Federal Regulations, 29 C.F.R. §§ 570.58 and 570.68 of the Fair Labor Standards Act, no license may be granted to a person less than 18 years of age.
• Any person operating multi-functional equipment is required to possess the appropriate license as defined in § 8.5, "Categories of Licenses," for the task that is being performed when operating the equipment with an attachment.

(260 RICR 030-15-8.6).

Operator trainee license

• The Operator Trainee License will allow a Trainer to provide Operator Training to a Trainee in the proper and safe use of Excavating Equipment and will be valid for a two year period or until such time as the Trainer notifies the Division that he/she is no longer providing Operator Training to the Trainee.
• A Trainee is required to sit for the Hoisting Engineer's examination before the expiration of the two-year term of the Operator Trainee License.
• Applicants who hold an Operator Trainee License and sit for a Hoisting Engineer examination and fail may sit for a second Hoisting Engineer examination after a thirty-day period.
• A Trainee holding an Operator's Trainee License and who has failed the Hoisting Engineer's examination may request to come before the Board of Examiners of Hoisting Engineers to request an additional one-year extension of his/her Operator Trainee License.

(260 RICR 030-15-8.7).

Operator trainee application process

• Persons seeking an operator trainee license must submit an application to the division.
• The division shall approve applications from persons over the age of 18 upon submission of a complete application for an operator trainee license.
• The application for operator trainee licenses must all of the following:
  • A notarized letter or statement from the owner/lessee of the proposed Excavating Equipment upon which the applicant will receive Operator Training in which the owner/lessee grants the applicant and proposed Trainer permission to perform Operator Training on his/her Excavating Equipment.
  • A notarized letter from the proposed Trainer stating that he/she will provide the applicant with Operator Training in compliance with the rules stated herein and that the applicant possesses the competence to train to run Excavation Equipment.
  • The applicant's name, address and telephone number.
  • The proposed Trainer's name, business name, address and his/her Rhode Island Hoisting Engineer License number; and
  • A $75 application fee.

(260 RICR 030-15-8.8).

Trainer's responsibilities

• Provide operator training to only one trainee at any given time.
• Remain in the trainee's direct line of sight at all times during operator training.
• Directly supervise the trainee at all times. A trainee shall cease operation of excavating equipment when the designated Trainer is not in the immediate proximity.
• Ensure that the trainee performs operator training only within the trainee's scope of operational competence as defined in § 8.4.
• Notify the division in writing within three business days from the date when the trainer ceases providing operator training to the trainee.
• The operator trainer must maintain a valid hoisting engineer license during the training period.

(260 RICR 030-15-8.9).

Penalty for violations

• Whoever violates any provision of these rules will be fined pursuant to R.I. Gen. Laws § 28-26-11.
• Persons aggrieved by any proposed penalty for violation of these rules may appeal imposition of said penalty pursuant to R.I. Gen. Laws § 28-26-16.

(260 RICR 030-15-8.10).