Section 6.04 - Continuing Education and Training FacilitiesAll hoisting license holders must complete continuing education requirements of 520 CMR 6.04 prior to license renewal, unless a request for an inactive license status has been made pursuant to 520 CMR 6.04(3).
(1)Continuing Education and Training Facilities. (a)Approval by Department. All individuals or organizations seeking approval to operate as a training facility that offers one or more continuing education course(s) shall submit, for the Department's approval, an application on a form furnished by the Department as well as a copy of all curricula, training materials, certificates of completion to be used by the facility, and a list including the names and Massachusetts hoisting machinery license numbers of all instructors. Organizations seeking approval shall include but may not be limited to public and private education facilities and employer provided training programs. The curriculum shall contain the minimum topics and associated hours for those topics as listed in 520 CMR 6.04(b)(6).(b) The following provisions are required in order for any institution or organization to have their continuing education program considered for approval: 1. A copy of all curricula, training material, and certificate of completion to be used must be provided to the Department.2. Curricula must contain the minimum topics and associated hours for those topics as listed in 520 CMR 6.04(6).3. All courses must be monitored by a Massachusetts hoisting licensee of equal or greater grade of Massachusetts license, who will verify by their printed name, legible signature, and hoisting license number on the certificate of completion, that all those issued a certificate of completion have fully participated in the program for which they have been issued a certificate.4. Instructors may receive continuing education credits for providing instruction, however instructors shall only be credited hours for the actual non-redundant time that they have spent actively participating in the instruction of the program.5.Method of Verification. Each program must provide a means to ensure certificate authenticity. Such means shall include, but not be limited to: a. School embossment of certificate; orb. Computer data transfer of program participants to the Department; orc. Signature verification; ord. Numbered certificates and a list of corresponding licensees.6.Curriculum. Continuing education programs approved by the Department shall offer a curriculum that, at a minimum, complies with the following requirements for each associated class of hoisting machinery licensure: a.Class 1 (Hoisting) Licenses. i. The minimum number of continuing education hours required for renewal of a 1A, 1B, or 1C license shall be four classroom hours: (i) Two classroom hours of regulatory and industry standard training;(ii) Two classroom hours of equipment specific training. ii. The minimum number of continuing education hours required for renewal of a 1D license shall be two classroom hours: (i) One classroom hour of regulatory and industry standard training;(ii) One classroom hour equipment specific training.iii. The minimum topics and texts included as part of the continuing education curriculum for purposes of renewing a 1A, 1B, 1C, or 1D License shall include but may not be limited to: (iii)520 CMR 14.00: Excavation and Trench Safety;(iv) OSHA Standards 29 CFR 1926;(v) OSHA Standards 29 CFR 1910;(vii) M.G.L. c. 82, § 40;(ix) M.G.L. c. 164, § 76D.b.Class 2 (Excavation) Licenses. i. The minimum number of continuing education hours required for renewal of a 2A, 2B, 2C, and 2D license shall be four classroom hours: (i) Two classroom hours of regulatory and industry standard training;(ii) Two classroom hours of equipment specific training.ii. The minimum topics and texts included as part of the continuing education curriculum for purposes of renewing a 2A, 2B, 2C, or 2D license shall include but may not be limited to: (iii)520 CMR 14.00: Excavation and Trench Safety;(iv) OSHA Standards 29 CFR 1926;(vii) M.G.L. c. 164, § 76D;(viii)220 CMR 99.00: Procedures for the Determination and Enforcement of Violations of M.G.L. c. 82, §§ 40 through 40E ("Dig Safe").c.Class 3 (Electric and Pneumatic) Licenses. i. The minimum number of continuing education hours required for renewal of a 3A or 3B license shall be four classroom hours: (i) Two classroom hours of regulatory and industry standard training;(ii) Two classroom hours of equipment specific training.ii. The minimum topics and texts included as part of the continuing education curriculum for purposes of renewing a 3A or 3B license shall include but may not be limited to: (iii) OSHA Standard 29 CFR 1926;(iv) OSHA Standard 29 CFR 1910;d.Class 4 (Specialty) Licenses. i. The minimum number of continuing education hours required for renewal of a 4B, 4C, 4D, 4E, 4F, or 4G license shall be two hours: (i) One classroom hour of regulatory and industry standard training;(ii) One classroom hour equipment specific training. ii. The minimum topics and texts included as part of the continuing education curriculum for purposes of renewing a 4B, 4C, 4D, 4E, 4F, or 4G license shall include but may not be limited to: (iii)520 CMR 14.00: Excavation and Trench Safety:(iv) OSHA Standards 29 CFR 1926;(v) OSHA Standards 29 CFR 1910;(vii) M.G.L. c. 82, § 40;(ix) M.G.L. c. 164, § 76D;(x)220 CMR 99.00: Procedures for the Determination and Enforcement of Violations of M.G.L. c. 82, §§ 40 through 40E ("Dig Safe").7.Multiple Classes. A licensee who holds a hoisting license with multiple classes shall complete only two classroom hours of regulatory and industry standard training and the equipment specific training for each class applicable to their hoisting license.8.List of Instructors. Each program must provide a list including the names and Massachusetts hoisting machinery license numbers of all continuing education instructors employed by the training facility. Names and applicable license numbers of instructors shall be updated by the training facility operator within 14 days of the employment or the cessation of employment of an instructor by a training facility on a form furnished by the Department. (c)Certificates of Completion. 1. Training facilities shall issue a certificate of completion to licensees who satisfactorily complete a continuing education course. Upon completion, all Massachusetts operators of hoisting machinery shall receive a Department approved certificate, a copy of which shall be retained by the training facility. It shall be furnished at the request of the Department. Certificates of completion shall contain the following information: b. Address of participant;c. E-mail address of participant;d. Massachusetts license grade and number of participant;e. Name and address of the institution or organization providing the continuing education/assessment;f. A printed name and legible signature of a licensee verifying participant has completed the hours as listed on the certificate;g. The license number of the licensee endorsing the certificate; and2. Each program must provide a means to ensure certificate authenticity and shall provide evidence of the means of certification to the Department. Such means shall include: a. School embossment of certificate; orb. Computer data transfer of program participants to the Department; orc. Signature verification; ord. Numbered certificates and a list of corresponding licensees. (d) Program instructors who are approved to conduct continuing education programs shall keep uniform records of attendance of licensees and have those records readily accessible to Inspectors of the Department upon request for a period of three years. They shall be responsible for the security and retention of all uniform certificates and the proper issuance thereof. Instructors shall verify by signature that participants in continuing education programs have satisfactorily completed the necessary training.(e)Falsification of Documents. The falsification of attendance records or fraudulent issuance of certificates of completion by any licensee shall be grounds for initiating formal proceedings under M.G.L. c. 146, § 59 and M.G.L. c. 30A and may also result in immediate suspension or revocation of the license. (2)Continuing Education Requirements for License Renewal. (a) Subsequent renewals of any license other than apprentice licenses that expires in an even year shall expire on the next anniversary of the licensee's date of birth occurring in an even year. Subsequent renewals of any license other than an apprentice license that expires in an odd year shall expire on the next anniversary of the licensee's date of birth occurring in an odd year.(b) Renewals of licenses shall be granted upon submission of required documentation pursuant to 520 CMR 6.02.(c) The Department may accept education, training, or service completed by an individual as a member of the armed forces, as defined in M.G.L. c. 4, § 7, clause 43, or the United States military reserves as an alternative or in addition to submission of required documentation pursuant to 520 CMR 6.02. The applicant shall submit a license renewal application along with a Verification of Military Experience and Training form and any other supporting documentation. The education, training, or service submitted to the Department shall have been completed within 24 months of submission.(3)Inactive Status. (a) Any operator of hoisting machinery who is unable to obtain the required continuing education necessary to renew their license may request that the license be placed in inactive status for up to one continuing education cycle. Such request shall be made in writing on a form furnished by the Department.(b) Operators holding a license on inactive status shall not be authorized to operate hoisting machinery for the time period that the license is inactive.(c) A determination by the Department that a licensee may return to active status shall be made following the Department's receipt of a written request by the licensee on a form furnished by the Department, the required renewal fee, a certificate of completion, and submission of required documentation pursuant to 520 CMR 6.02(6).(4)Expiration. Pursuant to M.G.L. c. 146, § 67, licenses not renewed on or before the expiration date shall become void, and shall, after one year, be reinstated only by re-examination of the licensee in accordance with 520 CMR 6.02. 520 CMR 6.04(4) does not apply to licenses which are considered in inactive status. License Extension - Military Service. If the licensee is on active duty with the armed forces of the United States, as defined in M.G.L. c. 4, § 7 clause 43, the license shall remain valid until the licensee is released from active duty and for a period of not less than 90 days following that release. For 520 CMR 6.04(4)(a) to apply, the licensee must be given an Honorable Discharge, a General Discharge, or an Under Other than Honorable Conditions (UOTHC) Discharge as noted on their discharge and separation papers.
Amended by Mass Register Issue 1326, eff. 11/18/2016.