WEST virginia legislature
2020 regular session
Senate Bill 11
By Senator Swope
8, 2020; referred
to the Committee on the Workforce; and then to the Committee on Government Organization]
A BILL to amend and reenact §21-3D-3 and §21-3D-4 of the Code of West Virginia, 1931, as amended, all relating generally to certification requirements of crane operators; providing that crane operators may be certified by additional nationally recognized accredited agencies; and changing the written exam requirements for Class A and Class B certifications.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3D. CRANE OPERATOR CERTIFICATION ACT.
§21-3D-3. Powers and duties of commissioner.
(a) The commissioner shall:
(1) Propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code, which rules at the minimum must include provisions for:
(A) A Class A certification program for individuals who operate cranes or tower cranes in the State of West Virginia, which must require both a written examination and a practical demonstration, and which must be accredited by a nationally recognized accrediting agency, including, but not limited to, the American National Standards Institute's Personnel Certification Accreditation Program or the National Commission for Certifying Agencies;
(B) A Class B certification program for individuals who operate cranes or tower cranes in the State of West Virginia, which must require the successful completion of a training course;
(C) Certification categories including lattice boom truck cranes; lattice boom crawler cranes; fixed cab-telescoping boom cranes; swing cab-telescoping boom cranes; and tower cranes: Provided, That the holders of a certification for the large telescoping boom crane, upon application for recertification, will be provided with a one time election to either be certified as an operator of a fixed-cab or swing-cab telescoping boom crane, and that holders of a certification for the small telescoping boom crane, upon application for recertification, will be automatically certified as a fixed cab operator;
(D) Class A certification renewal requirements of individuals who operate cranes in the State of West Virginia, that must include a written examination and a current physician's certificate at least every five years; and
(E) Class B certification renewal requirements of individuals who operate cranes in the State of West Virginia, that must include the successful completion of a training course approved by the commissioner;
(2) Prescribe application forms for original and renewal certification;
(3) Set application fees in amounts that are reasonable and necessary to defray the costs of the administration of this article in an amount not to exceed $75 per year;
(4) Set examination and training course fees in an amount not to exceed the actual cost of the examination and the training course;
(5) Administer or cause to be administered the written examination, practical demonstrations, and the training course as required for certification;
(6) Determine the standards for acceptable performance on the written examination, practical demonstration, and the required training course: Provided, That the minimum standards must be consistent with national standards, current operating procedures, and technology and be transferable to other states where possible;
(7) Provide the option for applicants and crane operators to take examinations that meet or exceed requirements for national crane operator certification; and
(8) Take other action as necessary to enforce this article.
(b) The commissioner, or his or her designee, upon receipt of information that a person has engaged in or is engaging in an act that constitutes a violation of this article, may issue a notice to the person to cease and desist and may apply to the circuit court for an order enjoining the act. Upon a showing that the person has engaged in or is engaging in an act that constitutes a violation of this article, the court may order an injunction, restraining order, or other order as the court considers appropriate.
§21-3D-4. Minimum certification requirements.
(a) The commissioner shall certify an applicant who:
(1) Is at least 18 years of age;
(2) Meets the application requirements as prescribed by rule;
(3) Passes the written examination;
(4) Passes the practical demonstration: Provided, That the practical demonstration approved by the commissioner may be administered on-site by a qualified company representative;
(5) Presents the original, or a photographic copy, of a physician's certificate that he or she is physically qualified to drive a commercial motor vehicle as required by 49 C.F.R. §391.41, as of the effective date of this article or an equivalent physician's certificate as approved by the commissioner; and
(6) Pays the appropriate fees.
(b) Certification issued under this article is valid throughout the state and is not assignable or transferable, and is valid for one year from the date on which it was issued.
(c) Notwithstanding any other provision of this article to the contrary, the commissioner shall establish a dual classification system of certification as follows:
(1) Class A certification,
which will provide eligibility for national certification, and for which the
applicant must achieve a passing score
of seventy on the national commission
for the certification of crane operators written examination on a
nationally recognized crane operator crane testing organization’s written exam;
(2) Class B certification,
for which the commissioner may accept a lesser score on
commission for the certification of crane operators written examination a
nationally recognized crane operator testing organization’s written exam: Provided,
That this score may not be less than 60 for Class B certification.
(d) On and after November 10, 2014:
(1) All individuals who operate cranes in the State of West Virginia which are governed by the provisions of the Occupational Safety and Health Administration of the United States Department of Labor, 29 C.F.R §1926.1400, Subpart CC, are required to hold a Class A certification; and
(2) All individuals who operate cranes in the State of West Virginia which are not governed by any provision of the Occupational Safety and Health Administration of the United States Department of Labor are required to hold a Class B certification.
NOTE: The purpose of this bill is to permit crane operators be certified by additional nationally recognized accredited agencies. The bill changes the written exam requirements for Class A and Class B certifications.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.