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History
- Referred to consumer protection
- Referred to consumer protection
Full text
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Sponsor's memo
BILL NUMBER:S155
Title of bill
An act to amend the general business law, in relation to crane operators
Purpose
To provide for the establishment of new standards for certification of crane operators to reflect national model standards and to reconstitute the crane operating examining board to reflect a greater diversity in representation.
Summary of provisions
Section 1 of the bill requires that crane operators be certified by nationally recognized certification bodies in order to receive a certificate of competence.
Section 2 provides that regulations to be promulgated by the Department of Labor for crane operator certification require (1) that an applicant receive certification from the National Commission for the Certification of Crane Operators or any other organization found by the Commissioner of Labor to offer an equivalent testing and certification program meeting certain standards; (2) that an applicant demonstrate a practical knowledge of crane maintenance and (3) maintain a current medical examiner's certification card. Any certificate of competence shall be valid for a period of five years. Valid certificate holders as of December 31, 2008 are effectively "grandfathered" into the program until the earlier of (1) the expiration date of their certificates or (2) December 31, 2011.
Section 3 reconstitutes the Crane Operating Examining Board by adding a new section to the General business Law which expands the Board's membership to seven gubernatorial appointed members, with representation from both labor and industry. Furthermore, the bill provides that industry representatives come from enterprises which employ crane operators.
Section 4 empowers the Commissioner of Labor to suspend and revoke a crane operator's license if the operator has committed illegal, negligent or other questionable acts in either the obtaining or use of the license.
Justification
Recent dramatic crane failures, particularly in New York City, have led to calls for reform for the testing and certification of crane operators in New York State. An April 2009 report of the State Inspector General found that the lack of clear certification standards, particularly in the administration of testing has led not only the appearance of bias but also documented impropriety.
In addition, the membership of the Crane Operating Examining Board does not reflect the perspective of industry participants who can best ascertain modern standards and their enforcement.
Adoption of third-party assessment and testing standards by New York State as well as a reform of how the Examining Board conducts its
business, will provide assurance to all New Yorkers that operators will possess the degree of skill necessary to operate these machines safely.
Bill history
S.5064/A.8360 of 2009-2010; Referred to Consumer Protection
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.