Section § 7375

Explanation

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.

(a)CA Labor Code § 7375(a) The division shall adopt regulations for the certification of all cranes and derricks used in lifting service, exceeding three tons rated capacity. Tower cranes shall be certified annually and whenever they are erected on a new site.
(b)CA Labor Code § 7375(b) These regulations shall specify the procedure for licensing the certificating agencies or agents to conduct certification inspections, and shall establish specific criteria for licensure as a certifier, including a written examination.
(c)CA Labor Code § 7375(c) No individual may certify a crane in which the individual or his or her employer has a direct or indirect financial interest, nor may an individual certify equipment that belongs to his or her employer. An individual may not certify equipment or devices that he or she has manufactured or helped to manufacture, if the equipment is owned by his or her employer. However, this subdivision shall not prohibit any of the following:
(1)CA Labor Code § 7375(c)(1) The licensure of certifiers who are employed by insurance carriers that insure the specific crane.
(2)CA Labor Code § 7375(c)(2) Except with respect to certification of tower cranes, the licensure of certifiers who are employed by an electrical, gas, or telephone corporation, as defined in Sections 218, 222, and 234, respectively, of the Public Utilities Code, or a municipal utility serving a city having a population of 3,000,000 or more, that is issued a certificate of self-insurance pursuant to Article 3 (commencing with Section 16050) of Chapter 1 of Division 7 of the Vehicle Code and that is a self-insured employer under Article 1 (commencing with Section 3700) of Chapter 4 of Division 4 of this code.
(d)CA Labor Code § 7375(d) The certificating agency shall attest that it tested or examined the device or equipment and found it to meet the requirements of the division.
(e)CA Labor Code § 7375(e) The certificating agency shall notify the division of any deficiencies found during the crane certification inspection. A certificate shall not be issued until all deficiencies are corrected.

Section § 7376

Explanation

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.

(a)CA Labor Code § 7376(a) The division shall suspend or revoke a license to certify for the following reasons:
(1)CA Labor Code § 7376(a)(1) Gross negligence, gross incompetency, a pattern of incompetence, or fraud in the certification of a crane.
(2)CA Labor Code § 7376(a)(2) Willful or deliberate disregard of any occupational safety standard while certifying a crane.
(3)CA Labor Code § 7376(a)(3) Misrepresentation of a material fact in applying for, or obtaining, a license to certify under this chapter.
(4)CA Labor Code § 7376(a)(4) Upon a showing of good cause.
(b)CA Labor Code § 7376(b) The period of suspension or revocation shall be for six months for a first suspension or revocation, and one year for each subsequent suspension or revocation. The certificating agency shall obtain a new license from the division following a suspension or revocation. The division shall establish a hearing procedure and an appeal process for license suspensions and revocations.

Section § 7377

Explanation

If your license to certify is revoked, you can challenge that decision by appealing to the Director of Industrial Relations.

Revocation of a license to certify may be appealed to the Director of Industrial Relations.

Section § 7378

Explanation

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.

A licensed certifier who fraudulently certifies that a crane is in compliance with the criteria established by the division under subdivision (a) of Section 7375 is guilty of a misdemeanor punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both.

Section § 7379

Explanation

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.

It shall be a misdemeanor for an individual to engage in the certification of a crane as specified in this chapter if that individual is not licensed pursuant to this chapter. Any violation of this section shall be punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both.

Section § 7380

Explanation

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.

(a)CA Labor Code § 7380(a) The division shall set fees for the examination and licensing of crane certifiers as necessary to cover the costs of administering this article. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this article.
(b)CA Labor Code § 7380(b) All fees collected by the division under this chapter shall be deposited into the Occupational Safety and Health Fund.

Section § 7381

Explanation

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.

(a)CA Labor Code § 7381(a) Notwithstanding Sections 6319 and 6425, if serious injury or death is caused by any serious or willful repeated violation of a crane standard, order, or special order, or by any failure to correct a serious violation of a crane standard, order, or special order within the time specified for its correction, the employer shall be assessed a civil penalty in an amount equal to double the maximum penalty allowable for each violation contributing to the injury or death.
(b)CA Labor Code § 7381(b) Notwithstanding any provision of this division, any employer who violates any tower crane standard, order, or special order, if that violation is a serious violation, shall be assessed a civil penalty of not less than one thousand dollars ($1,000) for each serious violation. The penalty shall not be reduced for any of the reasons listed in Section 6319.

Section § 7382

Explanation

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.

No person shall install or dismantle a tower crane, or increase the height of a crane, known in the construction trade as “jumping or climbing a crane,” without a safety representative of the crane manufacturer, distributor, or a representative of a licensed crane certifier being present on site for consultation during the procedure. The standards board shall adopt a regulation making failure to provide the designated safety representative a serious violation of a safety order. Local governmental entities may restrict the hours during which these procedures may be performed.

Section § 7383

Explanation

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.

(a)CA Labor Code § 7383(a) The division shall require all crane employers to disclose all of their previous business identities within the previous 10 years. The disclosure shall be made to the division on forms provided by the division. The division shall maintain the confidentiality of this information.
(b)CA Labor Code § 7383(b) The division shall consider the violations of safety and health orders and standards of the previous business identities when assessing penalties against a crane employer for current violations.
(c)CA Labor Code § 7383(c) For purposes of this section “business identities” means current and previous business affiliations in the construction industry which involve the use of cranes. These shall include, but not be limited to, fictitious business names and corporate names.
(d)CA Labor Code § 7383(d) The purpose of this section is to enable the division to get a complete safety record of crane employers when assessing penalties for the violation of safety orders.

Section § 7384

Explanation

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.

The division shall prepare an annual report concerning revenues obtained from all funding sources and expenditures. The division shall file the report with the Legislative Analyst, the Joint Legislative Audit Committee, the Department of Finance, and the appropriate policy committees of the Legislature.