General Provisions, Scope, Definitions, Standards Adopted

(1) Scope. 230 CMR 6.00 is promulgated by the Division of Occupational Licensure pursuant to authority granted by M.G.L. c. 146, § 53. The purpose of 230 CMR 6.00 is to establish reasonable requirements to protect the public safety of the citizens of Massachusetts from the hazards inherent in the operation of hoisting machinery by establishing the minimum standards necessaryto obtain a hoisting machineryoperator's license or temporarypermit and the minimum safety standards to be followed during the operation of hoisting machinery. 230 CMR 6.00 shall apply to hoisting machinery as defined in 230 CMR 6.01 that is used on private or public propertyfor the erection, construction, alteration, demolition, repair or maintenance of buildings, structures, bridges, highways, roadways, dams, tunnels, sewers, underground buildings or structures, underground pipelines or ducts, and all other construction projects or facilities or other uses on private or public grounds including the warehousing and movement of materials, except when being used exclusively for agricultural purposes. (2) Definitions. The following words and terms, when used in 230 CMR 6.00 shall have the following meanings unless the context clearly indicates otherwise or the term is redefined for a specific section or purpose: ANSI. American National Standards Institute. Apprentice License. A document issued by the Office which enables the holder to operate hoisting machineryunder the direct guidance and supervision of a person dulylicensed to operate the category of hoisting machinery for which documentation is issued. Apprentice Licensee. A person, who is 16 years of age or older, and has obtained an apprentice license to operate hoisting machinery while under the direct guidance and supervision of a duly licensed person who is not an apprentice. ASME. American Society of Mechanical Engineers. Cargo. A load, quantity, or volume that can be processed or transported. Certificate of Completion. A uniform certificate issued by a training facility to a licensee upon the satisfactory completion of a continuing education curriculum. Chief. The Chief of Inspections of the Office per M.G.L. c. 22, § 4A or their designee. Commissioner. The Commissioner of the Division of Occupational Licensure. (Mass. Register #1561, 11/21/2025) Compact Hoisting Machinery. Hoisting machinery with a gross vehicle weight not exceeding 10,000 pounds, excluding Class 1, Class 3, and Class 4 hoisting machinery as listed in 230 CMR 6.10. Hoisting machinery operated under a temporary permit shall not exceed a gross vehicle weight 10,000 pounds. Company License. A license issued by an Exempt Company that has a Office approved in-service training program and which is only valid for hoisting machinery used on company property. Company Property. Property which is owned or under the care and control of a tenant company under a lease or rental agreement. Competent Person. One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous, and who has authorization to take prompt corrective measures to eliminate such conditions. DOT. The United States Department of Transportation. Emergency Procedure. Actions required to be taken when imminent danger may occur to prevent damage to life, property, or to ensure public safety. Fork Lift. Any mobile power-propelled truck used to carry, push, pull, lift, stack or tier materials, excluding earth moving, over the road haulage trucks. Hoisting Machinery. Derricks, cableways, machinery used for discharging cargoes, and temporary elevator cars used on excavation work or used for hoisting building material, when the motive power to operate such machinery is mechanical and other than steam. Consistent with M.G.L. c. 146, § 53, Hoisting Machinery includes, but is not limited to: Tower cranes, lattice boom cranes, telescoping boom cranes with or without wire rope, telehandlers, forklifts and other general industrial fork trucks, crawler and rubber tired excavators, backhoes and front end loaders, compact hoisting machinery, overhead gantry cranes, marine lifts, jib and other shop cranes capable of lifting more than two tons or more than 12 feet, specialty equipment as categorized in 230 CMR 6.10, and any other machinery not specified in 230 CMR 6.00 that is deemed by the Commissioner to be governed by M.G.L. c. 146, § 53. The equipment outlined in Hoisting Machinery shall be deemed to include equipment with or without any manufacturer approved attachments; Exemptions. The following equipment has not historicallybeen deemed to be hoisting machineryand shall be deemed exempt from 230 CMR 6.00: Municipal solid waste vehicles, vacuum trucks, street sweeping equipment, service truck cranes used for vehicle repair with capacity less than 14,000 pounds, tow trucks used for any size motor vehicle towing, bucket truck mounted hoists with capacityof two tons or less, truck mounted lift gates, pallet movers with lifting height less than two feet, portable electric chain hoists with capacity of two and a half tons or less using a power source of 240 volts or less, and other equipment specifically excluded by the Commissioner. Incident. A situation that results in serious injury, property damage, or any condition that requires action for the preservation of the public health or safety. Injury and Incident Documentation. A form furnished by the Office detailing all specific information regarding any serious injury, property damage or mechanical failure that may have occurred. In-service Training. A company program that has been approved by the Office and is required for issuance of a company license by those companies that have been exempted from hoisting licensing requirements, pursuant to M.G.L. c. 146, § 53. Inspector. A District Engineering Inspector employed by the Office. Instructor. An individual duly licensed by the Office as a hoisting machinery operator who educates and trains licensees and apprentice licensees in the operation of hoisting machinery. License. A document issued by the Office to an individual to operate a certain class and type of hoisting machinery. Licensee. A person who is 18 years of age or older, and has completed the necessary requisites for licensure to operate hoisting machinery. For purposes of 230 CMR 6.00, Licensee shall be deemed to include any individual issued a license, permit, or other authority under 230 CMR 6.00. Manufacturer Approved Attachment. Attachable equipment tailored to perform a particular task, designed or approved for use in accordance with the equipment manufacturer's specifications and operational and safety requirements. In the event the manufacturer does not exist, a Massachusetts registered professional engineer shall review and approve, in writing, the actions and reasons for said specifications to the attachable equipment. Mechanical Failure. Damage to or breakdown of hoisting machinery which affects the capacity or safe operation of the equipment per the manufacturer's specifications. Modification. Alterations, extensions or repairs made to hoisting machinery which alter the machinery's original structure. Office. The Office of Public Safety and Inspections within the Division of Occupational Licensure. Operator's Manual. The document created by the manufacturer of the hoisting machinery that contains the required procedures and forms for the safe operation of hoisting machinery at the stated site pertaining to that specific equipment. OSHA. The Occupational Safety and Health Administration. Property Damage. Damage of private or public property that exceeds $10,000 per incident. Public Utility Company. A public utility as defined in M.G.L. c. 21E, § 5(j)(7). Qualified Welder. A welder certified by the American Welding Society (AWS) or an acceptable alternative welding certification. SAE. Society of Automotive Engineers. Safety Factor. The ratio of the maximum stress that a structural part or other piece of material can withstand to the maximum strength estimated for it in the use for which it is designed. Serious Injury. A 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. For purposes of Serious Injury, a personal injury/illness that results in a doctor’s order for formal admittance to a hospital (inpatient status) shall also be construed as a Serious Injury. Short-term Rental Entity. A person or organization approved by the Office who is in the business of renting compact hoisting machinery for which a temporary permit is required. Short-term Rental Entity Facilitator. An employee of the short-term rental entity who holds a Massachusetts hoisting license issued by the Office and is responsible for the written and practical training, examinations, and issuance of temporary permits. Signal Person. A trained individual qualified in the use of signals to direct the operator of hoisting machinery and warn of possible or existing hazards through the use of hand signals, audible signals, or flashing lights. (See 230 CMR 6.00: Appendix A and B) TemporaryPermit. A non-renewable permit to operate compact hoistingmachinery, with a gross vehicle weight not exceeding 10,000 pounds, issued bya Office approved short-term rental entity for no more than 14 consecutive days. Exception: In any given calendar year, the first temporary permit issued to an applicant seeking to become a temporary permit holder shall be valid for 28 days, all subsequent permits shall be valid for 14 days. Per M.G.L. c. 146, § 65A, no temporary permit may be renewed and no person may be issued more than one temporary permit in any 45­ day period. Temporary Permit Holder. A person who is 18 years of age or older, holds a valid driver's license, and has obtained a temporarypermit to operate compact hoisting machinerywith a gross vehicle weight not exceeding 10,000 pounds. (3) Regulations and Standards Adopted. The standard for operation of hoisting machinery shall be in accordance with the following: ANSI/ASME B30.2-2016 Overhead and Gantry Cranes (Top Running Bridge, Single or Multiple Girder, Top Running Trolley Hoist) B30.3-2016 Tower Cranes B30.5-2018 Mobile and Locomotive Cranes B30.9-2018 Slings B30.10-2014 Hooks B30.11-2010 Monorails and Underhung Cranes B30.16-2017 Overhead Hoists (Underhung) B30.17-2015 Overhead and Gantry Cranes (Top Running Bridge, Single Girder, Underhung Hoist) B30.20-2018 Below-the-hook Lifting Devices B30.22-2016 Articulating Boom Cranes B30.26-2015 Rigging Hardware SAE J1307-2002 Excavator and Backhoe Hand Signals OSHA Regulations 29 CFR 1926 Safety and Health Regulations for Construction 29 CFR 1910 Occupational Safety and Health Standards Regulations 220 CMR 99.00: Procedures for the Determination and Enforcement of Violations of M.G.L. c. 82, §§ 40 through 40E ("Dig Safe"). (4) Advisory Opinions. The Office may render written advisory rulings and interpretations of 230 CMR 6.00 as it deems necessary or may upon a written request of any interested person pursuant to the provisions of M.G.L. c. 30A, § 8. However, said advisories may be withdrawn by the Office at any time if deemed inaccurate, outdated, or contrary to the public’s health, safety, or welfare. For purposes of 230 CMR 6.00 and to ensure consistent information is provided to the public and licensees, advisories dated prior to November 21, 2025 shall be deemed null and void.