Legislature(2009 - 2010)BELTZ 211
03/19/2009 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB138 | |
| SB97 | |
| SB149 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 138 | TELECONFERENCED | |
| *+ | SB 97 | TELECONFERENCED | |
| *+ | SB 149 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 97-CRANE OPERATOR LICENSES
2:11:38 PM
CHAIR PASKVAN announced the consideration of SB 97. He pointed
out that in the past few years crane accidents around the nation
have caused numerous workplace deaths and millions of dollars in
property damages. Although Alaska has not experienced a major
crane accident for several years, a chart in their packets
documents 10 fatalities in the state as a result of crane
accidents. Although some of the accidents were the result of
circumstances beyond the operator's control, a majority resulted
from operator error. SB 97 is a proactive step to avoid more
crane-related catastrophes in Alaska by establishing minimum
licensing standards to insure that operators are adequately
qualified.
The State of Alaska currently requires licensing for numerous
occupations from barbers and hairdressers to veterinarians.
Licensing requirements are designed to protect the public by
insuring that individuals are properly qualified to engage in a
particular field of enterprise. Currently 16 states and 6
municipalities have passed legislation to require crane operator
licensing, and legislation is pending in 6 more states.
The majority of these licensing requirements establish a
requirement for certification through the National Commission
for the Certification of Crane Operators (NCCCO) or an
equivalent nationally-accredited training provider. This
legislation will not create a burden on state revenues as
licensing fees will pay for enforcement costs, subject to
legislative appropriation. He said Dave Latch, Chief Operating
Officer of BC Contractors, submitted a letter of support.
2:14:38 PM
GRAY MITCHELL, Director, Division of Labor Standards and Safety,
Department of Labor and Workforce Development (DOLWD), stated
support for Chair Paskvan's comments on SB 97. He reminded the
committee of some of the recent crane accidents across the U.S.
to highlight some of the dangers associated with crane
operation, and mentioned that an Anchorage worker was killed a
few days ago while operating a fork lift. This worker hadn't
been properly trained and certified for that piece of equipment
and it cost him his life.
Numerous occupations have licensing requirements including truck
drivers, realtors and hair cutters, but not crane operators.
Current OSHA regulations aren't adequate; the regulations in the
construction standard require that crane operators are qualified
based on a standard that is more than 40 years old. It is not
detailed and leaves it up to the employer's judgment to decide
what training is required.
Further, Mr. Mitchell said, it might take till 2016 for OSHA
standards to be in place on the federal level. Even OSHA
regulations don't necessarily apply to public safety provisions,
and the crane licensing requirement would cover the public as
well. By establishing a licensing provision that requires
applicants to be certified by a nationally accredited crane
training and certification provider, Alaska would be taking a
positive step toward minimizing the chances for a catastrophic
crane accident.
He said that Canadians have been doing this for several years;
Ontario passed a requirement in 1978. They did a study and saw a
75 percent reduction in deaths related to crane accidents in
more than double that period after the certification requirement
was started.
In California, Mr. Mitchell said, they compared the three years
prior to their certification requirement to the three years
after and saw an 80 percent reduction in deaths and a 56 percent
reduction in injuries related to crane accidents. "So this
really works."
2:22:00 PM
Just because Alaska has not seen a major accident for several
years, isn't a good reason to not address this problem. From
1987-1997, Alaska experienced 15 crane accidents under the state
and federal OSHA jurisdictions, and those accidents caused the
deaths of 10 employees and serious injuries to 11 more. With the
stimulus projects hitting the streets and potential natural gas
pipeline on the horizon, Alaska can expect to see a lot more
crane use coming.
MR. MITCHELL said last summer the DOLWD mailed a survey to 569
companies likely to operate cranes and got 128 responses on this
issue. Several were opposed to licensing, but 82 percent
indicated that certification would reduce accidents, and 70
percent of those indicated that crane operators should be
licensed to work in Alaska.
He explained that this bill does not apply to cranes used for
general industrial purposes, transportation, commercial fishing,
logging, mining, oil and gas exploration or for manufacturing.
The overwhelming number of accidents in the construction
industry has pressed the department to focus on that industry
first and that's the thrust of this legislation.
2:23:49 PM
SENATOR BUNDE asked if all the crane operators he talked about
having accidents were uncertified.
MR. MITCHELL said he didn't have that information; he said that
crane certification hasn't been around that long.
SENATOR BUNDE said his point is that even certified operators
can have accidents. He asked him to walk through the process a
young Alaskan who decides he wants to be a crane operator would
have to do to get the training and certification. He was
concerned about gate keeping and if you want to be a pipeline
welder and your great granddad wasn't a member of the union, you
wouldn't have a chance.
2:26:16 PM
MR. MITCHELL replied that right now training for crane operators
is minimal. Beside the Equipment Operators' Union, the only
other approved operation to provide the training and the
examinations in Alaska is Alaska Crane Consultants in Kenai. The
written exam costs $265 and the practical exam where the person
actually operates the crane is $410, a total of $675 to get
licensed as a crane operator. Typically these individuals would
have worked as a trainee under the supervision of a licensed
crane operator for several years and gained some experience in
the seat, although that is not a requirement at this point. The
real question is when you have a young worker who shows skills
in operating a crane, typically the employer is invested in that
worker.
He explained that the fee of $50 is one of the lowest
occupational licensing fees he has seen and with this a person
could go to work for an employer and learn the skills they would
need to sit for this exam. More than likely the employer who
already invested in the worker would be footing the $675. So,
cost is not a tremendous barrier.
CHAIR PASKVAN asked him to comment on the 17.5 ton issue.
JERRY ANDREWS, Apprenticeship Coordinator, Department of Labor
and Workforce Development (DOLWD), said he used to be an
instructor of crane training, a crane operator tester and a
certified crane operator. He explained that 17.5 tons was chosen
by industry as a size that doesn't allow for the operator to
swing with the load. If the hydraulic crane is greater than 17.5
tons, the classification generally has a swinging cab. The
National Commission for the Certification of Crane Operators
(NCCCO) has broken the certification into four categories: small
hydraulics under 17.5 tons, large hydraulics over 17.5 tons,
lattice boom trucks and lattice boom crawlers.
SENATOR MEYER asked if most cranes in Alaska are under 17.5
tons.
MR. ANDREWS answered that most of the cranes are larger than
17.5 tons and are used in commercial applications. For the most
part the boom trucks setting trusses are over 17.5 tons, but
many of those are used in the electrical trade might be less
than that.
2:32:30 PM
ALLEN WILSON, Alaska State Homebuilding Association, opposed SB
97. He said there is a substantial difference in boom trucks and
cranes. Typically boom trucks are used for setting trusses and
large beams. They may be on the job site 1-4 hours and then they
are gone. It's quite common for the general contractor to go to
the rental yard, pick up the truck, go back and set the beams
and it's over in just a few hours. Boom trucks are also used a
lot in panelized construction.
2:33:58 PM
His concern is that there is only one instructor in the state.
He understands Juneau has one operator who is licensed by the
NCCCO, and if this bill passes, when he needs his trusses set,
the licensed operator might be working full time on a "big
crane," not a boom truck. This would be an obstacle for getting
his work done during a limited building season, as well as add
to the cost. He suggested limiting the bill's effectiveness to
20 tons in the exemption section on page 6. Another option would
be to add "cranes used in the residential construction of one
and two family homes" on line 4, page 6. They could also add a
definition of boom truck under (c) on line 17.
2:36:56 PM
Does this apply to guy who is actually pulling the levers and
pushing the buttons or the guy who is on the ground directing
him or both? Many times when they are setting trusses, for
example, the operator can't see the project; so someone needs to
give directions.
2:37:37 PM
MR. ANDREWS also pointed out that 24 of the 26 accidents nation-
wide were commercial. So he didn't see the need to regulate boom
trucks on residential construction sites.
SENATOR MEYER remarked that most of the accidents happened on
high-rise buildings instead of residential buildings. It's also
not up to the rental store to know if the renter is certified.
MR. WILSON replied that is correct, and for instance, the local
rental company doesn't require any licensing for its 17.5 ton
boom truck.
2:39:47 PM
MR. ANDREWS said he agreed with Mr. Wilson that the controls and
design are similar between 15, 17.5, 20 ton boom trucks, but
industry and the Specialized Carriers and Riggers Association
have recognized it at 17.5 tons.
SENATOR BUNDE asked if there is another category of guy sitting
in a cab versus the guy sitting on back of a boom truck. He
asked if either of those were used to differentiate licensing.
MR. ANDREWS replied that 20 tons can be a fixed cab, a boom
truck or a swinging cab. He can appreciate the argument for the
17.5 tons versus 20.
SENATOR BUNDE commented that they could consider differentiating
between a swinging cab and a boom truck.
CHAIR PASKVAN asked Mr. Andrews to comment as matter of public
safety on a boom truck up to 20 tons.
MR. ANDREWS replied that as a matter of public safety the
highest risk for any of the projects that have a lifting device
is not for the operator, it's for the folks working around him
and the bystanders. That being the case, he didn't think the
division between 17.5 tons and 20 tons would make or break that
argument. The issues are electrocution, ground stability and
things like that. As the size and capacity of the crane are
increased, those risks are also increased.
CHAIR PASKVAN said someone suggested including within the
definition of "crane" on page 6 that it does not include a
knuckle boom, stacker, lift truck, power shovel for a 20-ton or
less boom truck. Would he support that?
2:44:43 PM
MR. ANDREWS replied that he would like to refer that back to
Gray Mitchell to explore further.
MR. WILSON said if he understood Mr. Mitchell's testimony, it
sounds like OSHA will have requirements for these types of
equipment soon.
2:45:32 PM
RALPH KIBBY, owner, Chatham Electric, said he is a statewide
electrical contractor and a member of the National Electrical
Contractors Association (NECA) and that the bill needs much more
work. He met with the sponsor of this legislation and identified
some of the problems industry has with the current language, and
he apologized that it has been a month and he hadn't gotten back
to him with recommendations.
NECA members were polled, but they hadn't enough time to
respond. The response he did get was that it needs much more
work. He believes, as a business owner, that all accidents are
preventable, and the people who worked on this bill believe the
same thing. He said he would work with committee and department
on providing data that would help with any amendments to insure
the resulting law would not severely impact companies across
Alaska.
MR. KIBBY said that Chatham Electric has several boom trucks and
20 tons isn't enough. He could give him a picture of a 30-ton
that wouldn't look any different. He also said unless you have a
CDL license and were capable of running something 26,000 pounds
and over, you couldn't do it. Incidentally, he said, you have to
be licensed for the tonnage of the crane, not what it can pick.
He has up to 30 employees who currently operate his cranes, and
he assured them that as an owner he didn't allow anyone to
operate a crane who had not been trained to do so. Someone
mentioned exempting electricians and line work, but Chatham
Electric performs three disciplines: line, telecommunications,
and wiring; they work with transmission distribution, lighting
in intersections, residential, industrial and commercial.
Everyone at Chatham Electric has to be capable of operating the
crane.
The way this legislation is written will have a huge financial
impact on his business. He said this industry is already heavily
regulated. Everyone at Chatham has certificates of fitness and
the crane, itself, has to get annual certification. He asked
them to look further at the exemptions language.
SENATOR BUNDE asked if all of his equipment is called a "boom
truck," because he hears that used interchangeably with "crane."
2:52:48 PM
MR. KIBBY replied in his opinion it's a moving target. Some days
it's a boom truck; others it's a truck crane. He has no known
definition. He currently has a 24 ton boom truck/crane that
doesn't swing. Again, he asked for more time to work on wording;
he did not want to leave it at the 20-tons, because he operates
in excess of 50 tons.
2:53:16 PM
JARED HAMLIN, International Union of Operating Engineers Local
203, supported SB 97. He has talked with a lot of his
contractors and the general consensus is they would like to see
some type of crane operation licensing put in place for many
reasons. On the business aspect, in looking at other areas where
this has been enacted they have noticed lower comp and insurance
rates and things like that.
CHAIR PASKVAN asked him to comment upon the distinction between
a 17.5 ton boom truck and a 20 ton.
MR. HAMLIN replied that the 17.5 ton number comes from the NCCCO
that had to pick a standard in which they could properly certify
crane operators in multiple areas across the United States.
CHAIR PASKVAN asked if he thought that was the standard that was
most appropriate for safety.
MR. HAMLIN replied that the people who make up the NCCCO are the
manufacturers of the cranes, their users, their insurers and
anybody who has anything to do with it. This is what they came
up with.
2:56:15 PM
CHAIR PASKVAN closed public testimony and held SB 97 for further
input.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 138 Bill Packet.pdf |
SL&C 3/19/2009 1:30:00 PM |
SB 138 |
| SB 149 Bill Packet.pdf |
SL&C 3/19/2009 1:30:00 PM SL&C 3/31/2009 1:00:00 PM |
SB 149 |
| SB 97 Bill Packet.pdf |
SL&C 3/19/2009 1:30:00 PM |
SB 97 |