can happen at any time!!
KNOW YOUR SURROUNDINGS!
I have been involved in a Hoisting Machinery accident. Should I notify the Department?
- Yes. Any incident which results in Serious Injury, Property Damage, or any condition that is necessary for the preservation of the public health or safety at a site where Hoisting Machinery is operational must be reported by the Licensee operating the Hoisting Machinery or owner or owner’s representative to the Department. The Department must be notified via the Department Incident Hotline at (508) 820-1444 within one (1) hour from the time that the Incident occurred or was discovered.
What does the Department view as Serious Injury and Property Damage?
- The Department defines Serious Injury as any personal injury/illness that results in death, dismemberment, significant disfigurement, permanent loss of the use of a body organ, member, function, or system, a compound fracture, or other significant injury/illness that requires immediate admission and observation by a licensed physician. Property Damage is defined as damage of private or public property that exceeds $5,000 per Incident.
In the event of a Hoisting Machinery related accident, may the machinery be moved?
- No. The Hoisting Machinery shall not be moved or dismantled and shall be immediately shut down and secured by the operator until an Inspector has completed an investigation. No person shall move or alter the Incident scene or the Hoisting Machinery until the Inspector has completed the investigation and determined that the Hoisting Machinery is safe. The only exception to this requirement is for preservation of life, the removal of injured persons or bodies or to permit the flow of emergency vehicles.
What circumstances does the Department view to be grounds for suspension or revocation of a License or Temporary Permit or Company certificate of approval to operate Hoisting Machinery?
- Any License covered under 520 CMR 6.00 may be revoked or suspended for the following reasons:
(1) False or misleading information on application for examination or License renewal.
(2) Operating Hoisting Machinery under the influence of alcohol or drugs.
(3) Failure to pay excise tax or other taxes.
(4) Failure to report Accidents as required by the Department of Public Safety.
(5) Failure to report a Serious Injury as required by the Department of Public Safety.
(6) Operating in an unsafe manner.
(7) Failure to comply with any provision of this regulation;
(8) Failure to comply with 520 CMR 14.00.
(9) Failure to comply with M.G.L. c. 146, §§53-56.
(10) The fraudulent or otherwise improper issuance of Temporary Permits.
(11) The fraudulent or otherwise improper issuance of any Company License.
My License was revoked/suspended. May I appeal this decision?
- If your license was revoked or suspended to operate Hoisting Machinery, you may within ONE WEEK, appeal such decision to the Chief who shall appoint three Inspectors of the Department, or himself and two Inspectors, to act together as a board of appeal. The decision of a majority of the members of the board of appeal shall be final and may be appealed in accordance with M.G.L. c. 30A.