Crane Operators Safety

NMSA 1978 ch. 60, art. 15

in effect

NMSA 1978, § 60-15-1 Short title

60-15-1. Short title Chapter 60, Article 15 NMSA 1978 may be cited as the "Crane Operators Safety Act". Laws 1993, ch. 183, § 1; 1995, ch. 138, § 1; 2017, ch. 31, § 1.

NMSA 1978, § 60-15-2 Purpose

60-15-2. Purpose The purpose of the Crane Operators Safety Act is to promote the general welfare and protect the lives and property of the people of New Mexico by requiring persons operating cranes to be trained and licensed when employed in construction, demolition or excavation work. Laws 1993, ch. 183, § 2; 2017, ch. 31, § 2.

NMSA 1978, § 60-15-3 Definitions

60-15-3. Definitions As used in the Crane Operators Safety Act: A. "class I crane operator" means a person who is authorized to operate a crane of any size or weight; B. "class II crane operator" means a person who is authorized to operate: (1) a hydraulic crane of up to one hundred tons lifting capacity with a maximum boom length of one hundred fifty feet, regardless of mounting or means of mobility; and (2) any other type or size of crane under the direct supervision of a class I crane operator; C. "class III crane operator" means a person who is authorized to work as an apprentice, trainee or crane oiler or driver under the direct supervision of a class I or class II crane operator; D. "council" means the crane operators licensure examining council; E. "crane" means: (1) a conventional crane; (2) a tower crane; (3) a hydraulic crane equipped with a winch, cable and hook with over one ton lifting capacity; (4) a power-operated derrick; or (5) a mobile, carrier-mounted, track or crawler type power-operated hoisting machine that is used to hoist, lower or horizontally and laterally move a suspended load by means of a winch, cable and hook but does not mean an excavator or forklift; F. "department" means the regulation and licensing department; G. "endorsement" means an authorization stamped on a class I crane operator's license indicating authorization to operate a conventional crane, a tower crane or a hydraulic crane of any size or weight; H. "licensee" means a person licensed under the Crane Operators Safety Act; I. "person" means an individual, firm, partnership, corporation, association or other organization or any combination thereof; J. "seat time" means the actual hands-on operation of a crane by a class II crane operator while under the direct supervision of a licensed class I crane operator or the actual hands-on operation of a crane by a class III crane operator while under the direct supervision of a licensed class I or II crane operator; and K. "superintendent" means the superintendent of regulation and licensing. Laws 1993, ch. 183, § 3; 1995, ch. 138, § 2; 2017, ch. 31, § 3.

NMSA 1978, § 60-15-4 License required; exemptions

60-15-4. License required; exemptions A. No person shall operate a crane in construction, demolition or excavation work unless the person is licensed under the Crane Operators Safety Act or exempt pursuant to Subsection D of this section. B. Operating a crane without a license shall be considered unlicensed operation and shall subject the person who is operating the crane and the person's employer, or the employer's representative, to penalties as provided in the Crane Operators Safety Act. C. The licensee and the licensee's employer shall be subject to applicable regulations controlling the use and operation of cranes as promulgated by the occupational safety and health administration, the mine safety and health administration or the American national standards institute. D. The Crane Operators Safety Act shall not apply to the operation of a crane used in construction, demolition or excavation associated with: (1) natural gas gather lines; (2) interstate transmission facilities and interstate natural gas facilities subject to the federal Natural Gas Pipeline Safety Act of 1968 and its amendments; (3) interstate pipeline facilities and carbon dioxide pipeline facilities subject to the federal Hazardous Liquid Pipeline Safety Act of 1979; (4) gas and oil pipeline facilities subject to the Pipeline Safety Act [70-3-11 to 70-3-20 (repealed) NMSA 1978]; (5) mining, milling or smelting operations subject to mine safety and health administration regulations or occupational safety and health administration regulations; (6) prefabricated control rooms of natural gas, oil or carbon dioxide pipeline transmission facilities; (7) oil and gas exploration, production or drilling; (8) rural electric cooperative and electric, gas and water utility operations; (9) commercial sign operations; (10) the construction or operation of railroads; (11) the installation and maintenance of telephone or television cable; or (12) the installation and maintenance of propane tanks. Laws 1993, ch. 183, § 4; 1995, ch. 138, § 3; 2005, ch. 52, § 1; 2013, ch. 76, § 1; 2017, ch. 31, § 4.

NMSA 1978, § 60-15-6 Administration of act

60-15-6. Administration of act A. The department shall enforce and administer the provisions of the Crane Operators Safety Act. B. The department shall adopt rules to carry out the provisions of the Crane Operators Safety Act and to meet the occupational safety and health administration crane certification requirements. Laws 1993, ch. 183, § 6; 2017, ch. 31, § 5.

NMSA 1978, § 60-15-7 Requirements for licensure

60-15-7. Requirements for licensure A. The department shall issue a license for a class I crane operator with an endorsement to an applicant who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant: (1) is at least twenty-one years of age; (2) has passed a written examination as prescribed by the department or has successfully completed an employer's in-house training program approved by the council; (3) has had a physical examination, including substance abuse testing, within the twelve-month period preceding the date of application, showing that the applicant is in satisfactory physical condition for performing the functions of a class I crane operator; and (4) within the past three years, has completed at least five hundred hours of seat time in the type of crane for which the applicant seeks a license and an endorsement and has successfully passed a practical examination administered by a council-approved examining vendor or completed an employer's in-house training course approved by the council in the type of crane for which the applicant seeks a license and an endorsement. B. The department shall issue a license for a class II crane operator to an applicant who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant: (1) is at least eighteen years of age; (2) has passed a written examination prescribed by the department or has successfully completed an employer's in-house training course approved by the council; (3) has had a physical examination, including substance abuse testing, within the twelve-month period preceding the date of application, showing that the applicant is in satisfactory physical condition for performing the functions of a class II crane operator; and (4) within the past three years, has completed at least five hundred hours of seat time in the actual operation of hydraulic cranes with over ten tons and up to one hundred tons lifting capacity with a maximum boom length of one hundred fifty feet, regardless of mounting or means of mobility, and has successfully passed a practical examination administered by a council-approved examining vendor or has completed an employer's in-house training course approved by the council in the type of crane for which the applicant seeks a license. C. A class II crane operator who seeks to become licensed as a class I crane operator shall keep a log book of the class II crane operator's seat time and must accumulate fifty hours of seat time under the direct supervision of a class I crane operator. D. The department shall issue a license for a class III crane operator to an applicant who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant: (1) is at least eighteen years of age; (2) has passed an examination prescribed by the department; and (3) has had a physical examination, including substance abuse testing, within the twelve-month period preceding the date of application, showing that the applicant is in satisfactory physical condition for performing the functions of a class III crane operator. E. A class III crane operator who seeks to become licensed as a class I or class II crane operator shall keep a log book of the class III crane operator's seat time within the past three years and must accumulate five hundred hours of seat time under the direct supervision of a class I or class II crane operator who is properly licensed in the kind of crane being operated. F. A class III crane operator shall not operate a crane unless under the direct supervision of a class I or class II crane operator who is properly licensed in the type of crane being operated. G. The department shall recognize an in-house crane operator card issued to an applicant who: (1) is at least eighteen years of age; (2) is participating in an in-house training course approved by the council; and (3) has had a physical examination, including substance abuse testing, within the twelve-month period preceding the date of application, showing that the applicant is in satisfactory physical condition for performing the functions of a crane operator. H. A person with an in-house crane operator card shall only operate a crane for the employer who provided the approved in-house training course. The employer of a person with an in-house crane operator card shall provide that operator with supervision and additional training by a class I or class II crane operator who is properly licensed in the type of crane being operated to ensure compliance and safe operation of the crane pursuant to the Crane Operators Safety Act. I. An in-house crane operator card shall be valid for two years and is not subject to extension or renewal. Laws 1993, ch. 183, § 7; 1995, ch. 138, § 5; 2013, ch. 76, § 2; 2017, ch. 31, § 6.

NMSA 1978, § 60-15-8 License renewal

60-15-8. License renewal A. A license issued pursuant to Section 60-15-7 NMSA 1978 shall be valid for two years from the date of issuance. B. License renewal procedures shall be prescribed by the department by rule. C. Any license not renewed by the expiration date shall be considered expired, and the licensee shall not operate a crane within the state until the license is renewed. Operating a crane with an expired license shall be considered unlicensed operation and shall subject the person who is operating the crane to the penalties as provided in the Crane Operators Safety Act. D. The department shall adopt and promulgate rules for renewal of an expired license and may require the licensee to reapply as a new applicant. Laws 1993, ch. 183, § 8; 1995, ch. 138, § 6; 2013, ch. 76, § 3; 2017, ch. 31, § 7.

NMSA 1978, § 60-15-9 License fees

60-15-9. License fees Applicants for licensure shall pay a fee set by the department not to exceed: A. seventy-five dollars ($75.00) for an initial license or a renewal; and B. five dollars ($5.00) per month in late fees for failure to renew a license within the allocated time period. Laws 1993, ch. 183, § 9.

NMSA 1978, § 60-15-11 Fines; denial, suspension or revocation of license; stop work orders; injunctive proceedings; violations

60-15-11. Fines; denial, suspension or revocation of license; stop work orders; injunctive proceedings; violations A. Notwithstanding any other provision of the Crane Operators Safety Act, the department upon reasonable cause that a violation of the provisions of the Crane Operators Safety Act or a rule adopted pursuant to that act has occurred that creates a health or safety risk for the community, which requires immediate action, may issue a stop work order. At any time after service of the order to stop work, the person may request a prompt hearing to determine whether a violation occurred. If a person fails to comply with a stop work order within twenty-four hours, the department may bring a suit for a temporary restraining order and for injunctive relief to prevent further violations. B. Whenever the department possesses evidence that indicates a person has engaged in or intends to engage in an act or practice constituting a violation of the Crane Operators Safety Act or a rule adopted pursuant to that act, the department may seek temporarily or permanently to restrain or to enjoin the act or practice. The department shall not be required to post a bond when seeking a temporary or permanent injunction. C. Unless otherwise provided in the Crane Operators Safety Act, it is a violation of that act for a person to: (1) operate, or employ a person to operate, a crane in construction, demolition or excavation work without a valid license issued pursuant to the Crane Operators Safety Act; (2) refuse to comply with a stop work order issued by the department; (3) refuse or fail to comply with the provisions of the Crane Operators Safety Act or a rule adopted pursuant to that act; (4) make a material misstatement in an application for licensure; (5) intentionally make a material misstatement to the department during an official investigation; (6) aid or abet another in violating provisions of the Crane Operators Safety Act or a rule adopted pursuant to that act; (7) alter or falsify a license issued by the department; or (8) fail to furnish to the department, its investigators or its representatives information requested by the department in the course of an official investigation. D. The department may deny, suspend or revoke a license for a violation of the rules adopted by the department pursuant to the Crane Operators Safety Act or for a violation of the provisions of that act. E. Disciplinary proceedings may be instituted by sworn complaint by any person, including department staff or a member of the council, and shall conform with the provisions of the Uniform Licensing Act. F. The department may issue a citation and fine to an individual or business for violation of the provisions of the Crane Operators Safety Act. The amount of such fines and terms of such orders shall be established by the department by rule subject to the limitations of Section 60-15-13 NMSA 1978. Laws 1993, ch. 183, § 11; 1995, ch. 138, § 7; 2013, ch. 76, § 4; 2017, ch. 31, § 8.

NMSA 1978, § 60-15-12 Licensure denial, suspension or revocation; hearing; appeals

60-15-12. Licensure denial, suspension or revocation; hearing; appeals The superintendent shall, before denying a license to an applicant, or revoking or suspending a license for a violation of any provision of the Crane Operators Safety Act, provide for a hearing pursuant to the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. Laws 1993, ch. 183, § 12; 2005, ch. 52, § 2; 2017, ch. 31, § 9.

NMSA 1978, § 60-15-13 Civil and administrative penalties

60-15-13. Civil and administrative penalties A. A person who engages in unlicensed operation may be assessed an administrative penalty not to exceed one thousand dollars ($1,000). B. An employer, firm, partnership, corporation, association or other organization that knowingly violates the provisions of the Crane Operators Safety Act may be assessed an administrative penalty not to exceed five thousand dollars ($5,000). C. Any licensed crane operator who violates a provision of the Crane Operators Safety Act may be assessed an administrative penalty not to exceed five thousand dollars ($5,000). D. The department may bring an action in a court of competent jurisdiction to enforce the provisions of or to enjoin a person from violating the provisions of the Crane Operators Safety Act. If the court finds that a violation has occurred, the person who committed the violation shall be liable for the expenses incurred by the department in investigating and enforcing the provisions of that act plus reasonable attorney fees and costs associated with court action. Laws 1993, ch. 183, § 13; 1995, ch. 138, § 8; 2013, ch. 76, § 5; 2017, ch. 31, § 10.

NMSA 1978, § 60-15-14 Crane operators licensure examining council; appointed

60-15-14. Crane operators licensure examining council; appointed A. The "crane operators licensure examining council" is created. The members of the council shall serve at the pleasure of the superintendent. The superintendent shall appoint at least five members to the council with consideration given to geographical representation and proportional representation of operator, contractor, labor and public members. The members of the council shall include at least: (1) one class I crane operator; (2) one contractor, as defined by Section 60-13-3 NMSA 1978, who employs at least one crane operator; (3) one representative of organized labor; and (4) two members from the public at large who are not licensed crane operators. B. The duties of the council include: (1) reviewing and approving the applications, qualifications and examinations of applicants for licensure as crane operators and recommending to the superintendent whether licensure should be granted based on their evaluation of the operating experience and competence of the applicants; (2) reporting findings and recommendations from the hearings to the superintendent; (3) proceeding according to regulations adopted by the department; and (4) approving examinations and training programs that meet the requirements of the federal occupational safety and health administration, United States department of labor or occupational health and safety bureau of the department of environment. Laws 1993, ch. 183, § 14; 1995, ch. 138, § 9; 2005, ch. 52, § 3; 2013, ch. 76, § 6; 2017, ch. 31, § 11.

NMSA 1978, § 60-15-15 Crane Operators Safety Act fund created; purpose; appropriation

60-15-15. Crane Operators Safety Act fund created; purpose; appropriation A. The "Crane Operators Safety Act fund" is created in the state treasury. The fund shall consist of legislative appropriations to the fund; fees charged by the department pursuant to the Crane Operators Safety Act; gifts, grants, donations and bequests to the fund; and income from investment of the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. B. The fund shall be administered by the department, and money in the fund is appropriated to the department for the purpose of carrying out the provisions of the Crane Operators Safety Act. Expenditures from the fund shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the superintendent or the superintendent's authorized representative. Laws 2005, ch. 52, § 4; 2017, ch. 31, § 12.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18563/index.doFetched: 10/20/2026