Operation of Hoisting Machinery; Accident Reporting

(1) Operators of hoisting machinery shall cease operating if ordered by the Office to do so. Conditions which shall warrant immediate cessation of operation may include but not limited to: (a) Serious injury; or (b) Any condition that is necessary for the preservation of the public health or safety as determined by the Inspector. (2) Operators of hoisting machinery shall immediately surrender their hoisting license or temporary permit if ordered by the Office to do so pursuant to M.G.L. c. 146, § 53 or 230 CMR 6.00. (3) Any person found operating hoisting machinery without a license, temporary permit, apprentice license or proper classification of hoisting license according to 230 CMR 6.00 shall immediately cease operating. Said person shall make his identity known to the Office with a valid U.S. state, U.S. territory, or federal government-issued form of photographic identification. (4) Notification/Investigation. (a) Notification. 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 involved in the incident shall be reported by the licensee operating the hoisting machinery or owner or owner's representative to the Office through the Office Incident Hotline at (508) 820-1444 within one hour from the time that the incident occurred or was discovered and a written report shall be submitted to the Office within 48 hours using the requisite Injury and Incident Documentation. (b) Investigation. Upon notice, the Office shall investigate the incident to the extent it deems necessary. The hoisting machinery, operator, and owner of the hoisting machinery shall be accessible to the Office. The hoisting machinery shall not be moved or dismantled from the site of the incident until the Office has investigated the incident and approval is granted by an Inspector. The only exception to this requirement is for preservation of life and property, the removal of injured persons or bodies or to permit the flow of emergency vehicles. The hoisting machinery and area surrounding the hoisting machinery shall not be disturbed, cleaned, or altered in any way that will impede the investigation. (5) Each licensee shall disclose to the Office any conviction (regardless of whether it is a felony or misdemeanor) made against them, as well as discipline issued against an occupational license imposed by a licensing board of another jurisdiction (or equivalent authority). Said disclosure must occur within 15 days of the finding or conviction.