CranesCertification
Section § 7375
This California law requires the certification of cranes and derricks that can lift over three tons. Tower cranes need certification every year and whenever they are moved to a new site. The regulations will determine how to license agencies or individuals that conduct these inspections, and they must pass a written exam to become certified. Individuals cannot certify a crane or equipment if they or their employer have a financial interest in it unless they work for certain insurance carriers or utility companies, as specified in the law.
The certification agency must confirm that the crane or equipment has been properly tested and meets regulatory standards before certification. If any issues are found during inspection, they must be reported, and the certificate cannot be issued until everything is fixed.
Section § 7376
This law states that the division can suspend or revoke a license used for certifying cranes if gross negligence, incompetency, or fraud is found. It also applies if an occupational safety standard is ignored, or if there is a misrepresentation when obtaining a license. A license can also be revoked if there is good cause.
For a first offense, the suspension is six months, and for further offenses, it's one year. After suspension or revocation, a new license must be obtained. The division will provide a hearing and appeal process for these actions.
Section § 7377
If your license to certify is revoked, you can challenge that decision by appealing to the Director of Industrial Relations.
Section § 7378
If someone with a license says a crane meets safety standards set by the state when it doesn't, they can face jail time up to six months, a fine up to $1,000, or both.
Section § 7379
If a person certifies a crane without being properly licensed under this chapter, they are committing a misdemeanor. This could lead to up to six months in county jail, a fine up to $1,000, or both.
Section § 7380
This law details how fees for examining and licensing crane certifiers are set. The division responsible will establish fees that cover the direct and indirect costs associated with administering the certification process. All collected fees are then deposited into a specific fund known as the Occupational Safety and Health Fund.
Section § 7381
If an employer's serious or repeated violation of crane safety standards causes injury or death and they do not fix it in time, they will be fined double the maximum penalty for each violation.
If an employer commits a serious violation of tower crane standards, they will face a fine of at least $1,000 per violation, which cannot be lowered.
Section § 7382
In California, when working with tower cranes, specific safety measures must be followed. No one can install, dismantle, or adjust the height of a tower crane (also known as jumping or climbing) without a safety rep from the crane manufacturer, distributor, or a licensed crane certifier being present for consultation. Not adhering to this is considered a serious safety violation. Furthermore, local governments can limit the times when these activities are permitted.
Section § 7383
This law requires crane employers to provide information about all their business names from the past 10 years. This information is kept confidential by the division. When determining penalties for current safety violations, the division will consider any past safety violations under those previous business names. The goal is to have a complete safety record of the employer to make fair decisions about penalties.
Section § 7384
This law requires a specific division to create a yearly report detailing where their funding comes from and what they spend it on. They must then submit this report to several key governmental bodies, including the Legislative Analyst, the Joint Legislative Audit Committee, the Department of Finance, and relevant legislative committees.