Relates to certificate of competence for crane operators

BILL NUMBER:S5736A

Title of bill

An act to amend the general business law, in relation to crane operators

Purpose

To provide additional standards for certification of crane operators to reflect best practices and national model standards used in other states and large cities, such as the City of New York

Summary of provisions

Section 1 provides that an applicant shall be granted a state crane license if he or she possesses a certification through the National Commission for the Certification of Crane Operators (NCCCO) or equivalent organization, and that a crane operator license granted by this process shall be valid only in the specialty or specialties for which the operator is certified. The applicant must (a) Have received the third-party certification, (b) Possess a practical knowledge of crane maintenance (c) Maintain a current medical examiner's certification card and (d) Possess a valid New York State driver's license.

Section 2 outlines the commissioner's authority to suspend, deny or revoke a crane operator's license if he or she has committed illegal, negligent or other questionable acts in either obtaining or using the license or is found not to have a valid New York State driver's license, and provides that certification of competence shall be valid for a period of five years and shall be renewed if the applicant provides proof of recertification pursuant to the process adopted.

Section 3 provides for the effective date.

Existing law

Current law does not provide a way by which New York can recognize nationally accepted certification programs or accreditations as the basis for granting crane operators' licenses.

Justification

A 2008 report by the state inspector general found that the current method of crane licensing lacks clear certification standards, particularly in the administration of testing, which has led to the appearance of bias and documented impropriety. Since that time, few, if any, measures have been taken to remedy the problem. Meanwhile, New York City moved to adopt third-party assessment and testing in response to a number of high-profile crane failures New York City. Since then, NYC job sites have become safer and the licensing process unbiased.

Additionally, federal OSHA rules soon to take effect will require all crane operators working in construction to be certified/qualified. The vast majority of operators in New York State will comply with this standard by holding a nationally accredited certification, like that offered by NCCCO. A growing number of states issue a license and recognize third-party assessments as the "demonstration of knowledge and skill" element of the license. By being progressive and adopting third-party assessment and testing, New York will join other states, and New York City, that reap the benefits of this model.

Seeing that NCCCO standards have worked well for the City of New York, and several states nationwide, the adoption of third-party assessment

and testing standards will provide assurance of safer workplaces and a more fair licensing avenue across New York State.

Legislative history

New bill

Fiscal implications

None to the state or local governments.

Effective date

Sixtieth day after it becomes a law