The Massachusetts Department of Public Safety (DPS) has released Administrative Ruling 2014-03, which provides an exemption from the Mass. Class 1 (1D-General industrial warehouse forklift equipment) hoisting license requirements and in-service training requirements for “qualifying companies”. The date of the ruling is November 14, 2014.
What is a “Qualifying Company”?
For a definitive interpretation of whether or not your company is a “qualifying company”, your best bet is to call the DPS (617) 727-3200. However, here is some basic information to get you started.
The DPS has exempted companies where there is no public exposure to the operation of industrial lift trucks and forklifts from the hoisting license requirements. When trying to determine if there is public exposure at your worksite you want to consider the physical security of the environment where the forklifts are being operated. Is it in a locked warehouse that is not open to the public, including visitors and delivery persons? If you are in an outdoor operation is there a secured fence around it? Additionally the forklifts must only be operated on property owned by the company. Again, if you have any questions as to whether or not you are operating a forklift with any public exposure please call the DPS.
Also, full exemption only applies to companies using industrial lift trucks and forklifts that previously required licensing under the Mass. Class 1 (1D- General industrial warehouse forklift equipment) hoisting operator’s license. The full exemption cannot be applied to hoisting and excavating machinery for any other hoisting class, however a partial exemption may be applied to any company that falls within the definition under M.G.L. c. 146 Section 53(e) (2) and operates industrial lift trucks and forklifts in addition to other hoisting equipment exclusively on company property without any public exposure to the operation of the forklifts. Operators of all other hoisting equipment will still be subject to the hoisting license and in-service training requirements.
Non-Exempt Hoisting Classes
Class 1 – Hoisting
Class 2 – Excavating
Class 3 – Tower/Electric & Air
Class 4 –
1A- Derricks/ Lattice Cranes
3A- Air or electric powered
4A- Unlimited Specialty Series
1B- Telescoping Boom w/ cables cranes
2B- Front end loader/ backhoes
4B- Drill Rigs
1C- Telescoping booms w/o cables, forklifts
2C- Front end loaders/ uniloaders
4C- Pipeline side booms
2D – Compact hoisting machinery
4D- Concrete pumps
4E- Catch basin cleaner
4F- Sign hanging equipment
4G- Specialty lawn mower
HA- Hoisting Apprentice