2007 California Labor Code Article 2. Certification

CA Codes (lab:7375-7384)

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) 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) 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) The licensure of certifiers who are employed by insurance
carriers that insure the specific crane.
   (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) 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) 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.



7376.  (a) The division shall suspend or revoke a license to certify
for the following reasons:
   (1) Gross negligence, gross incompetency, a pattern of
incompetence, or fraud in the certification of a crane.
   (2) Willful or deliberate disregard of any occupational safety
standard while certifying a crane.
   (3) Misrepresentation of a material fact in applying for, or
obtaining, a license to certify under this chapter.
   (4) Upon a showing of good cause.
   (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.



7377.  Revocation of a license to certify may be appealed to the
Director of Industrial Relations.



7378.  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 (,000), or
both.



7379.  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 (,000), or both.



7380.  The division may collect fees for the examination and
licensing of crane certifiers as necessary to cover the actual costs,
including administrative costs.  All fees collected by the division
under this chapter shall be paid into the General Fund.




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) 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 (,000) nor more than
two thousand dollars (,000) for each serious violation.  The
penalty shall not be reduced for any of the reasons listed in Section
6319.



7382.  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.



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) 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) 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) 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.



7384.  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.