Legislature(2009 - 2010)BELTZ 105 (TSBldg)
01/26/2010 02:00 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB97 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 97 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
January 26, 2010
2:03 p.m.
MEMBERS PRESENT
Senator Joe Paskvan, Chair
Senator Joe Thomas, Vice Chair
Senator Bettye Davis
Senator Kevin Meyer
Senator Con Bunde
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 97
"An Act relating to the licensing of crane operators; and
providing for an effective date."
MOVED CSSB 97(L&C) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 97
SHORT TITLE: CRANE OPERATOR LICENSES
SPONSOR(s): LABOR & COMMERCE
02/04/09 (S) READ THE FIRST TIME - REFERRALS
02/04/09 (S) L&C, FIN
03/19/09 (S) L&C AT 1:30 PM BELTZ 211
03/19/09 (S) Heard & Held
03/19/09 (S) MINUTE(L&C)
01/26/10 (S) L&C AT 2:00 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
GRAY MITCHELL, Director
Division of Labor Standards and Safety
Department of Labor and Workforce Development (DOLWD)
POSITION STATEMENT: Supported SB 97.
JERRY ANDREWS
Pipeline Training Administrator
Department of Labor and Workforce Development (DOLWD)
POSITION STATEMENT: Supported SB 97.
ROB PETERSON, District Representative
Operating Engineers
POSITION STATEMENT: Supported SB 97.
PAULA SCAVARA, Legislative Liaison
Department of Labor and Workforce Development (DOLWD)
POSITION STATEMENT: Suggested changing the effective date of SB
97.
ACTION NARRATIVE
2:03:03 PM
CHAIR JOE PASKVAN called the Senate Labor and Commerce Standing
Committee meeting to order at 1:35 p.m. All members were present
at the call to order.
SB 97-CRANE OPERATOR LICENSES
2:06:06 PM
CHAIR PASKVAN announced SB 97 to be up for consideration. He
said this bill was advanced by the Department of Labor and
Workforce Development (DOLWD), but was introduced as a Labor and
Commerce Committee bill.
2:07:30 PM
GRAY MITCHELL, Director, Division of Labor Standards and Safety,
Department of Labor and Workforce Development (DOLWD), said he
had a resident expert in cranes with him and introduced Mr.
Andrews.
JERRY ANDREWS, Pipeline Training Administrator, Department of
Labor and Workforce Development (DOLWD), said in a past position
he was a training coordinator for the operating engineers Local
302 and currently carries an National Commission for the
Certification of Crane Operators (NCCCO) certification for all
levels.
MR. MITCHELL updated the committee that crane accident reports
continue to come in from across the country with an average of
60-80 fatalities per year. Alaska has avoided a fatal crane
incident over the last year, but in the 10 years prior to 1997,
it had 15 crane accidents with 10 serious injuries and 9
fatalities.
2:11:11 PM
In general, accidents with smaller equipment can be deadly as
well, he said, and related how two workers suffered severe
injuries when a small, powered, industrial, platform truck
outside the capital building fell over this summer. The state
has alleged that the operator didn't have enough experience or
training and wasn't properly certified to operate that piece of
equipment. This is a prime example of what can happen when non-
qualified people get behind the controls.
2:13:00 PM
He said the federal Occupational Safety and Health
Administration (OSHA) is in the process of revising its crane
standards, a large package of regulations that apply across the
industry. This process has been going on since 2002 and is
expected to be finished by July of 2010. If that happens, crane
operators will have a four-year window to become certified.
Alaska can't wait that long and that is where SB 97 comes into
play. This bill goes beyond OSHA regulations that only apply to
protection of employees; SB 97 is designed to protect general
public safety and covers anyone who gets behind the controls of
a crane. Since last year two more states, Maryland and North
Carolina, have established a requirement for crane operator
certification. Studies have shown this certification does make a
difference.
2:14:50 PM
MR. MITCHELL said that more crane training is becoming more
accessible. Just two weeks ago the Crane Institute of America
provided a four-day training course in Anchorage, and the Alaska
Crane Consultants in Kenai provides routine training throughout
the state. Alaska does have licensing laws for various
occupations. For example, a person has to have 1650 hours of
accredited training at a cost of $6,000 (in Alaska), pass a
test, pay $205 in fees and obtain a license in order to cut
hair. Alaska should not wait for a long string of accidents to
establish crane operator licensing.
2:15:30 PM
SENATOR BUNDE asked him how much the crane training costs and to
walk them through a training program.
MR. MITCHELL replied that in order to sit for the crane exam, a
minimum experience of 1,000 hours of crane operator time is
required. The pre-exam training is an intensive four-day course.
2:16:49 PM
MR. ANDREWS added that becoming a crane operator is not unlike
becoming a truck driver by passing the commercial drivers
license (CDL) test. People do not have to be a member of any
local union, although the unions offer that training through
their apprenticeship programs. Crane operator is not an
"apprenticable" occupation; it is 8,000 hours of work experience
and covers all areas of the occupation that the NCCCO would test
on. Currently, as long as an individual is healthy and can pass
a medical examination and a written and practical test, they can
take the test in Anchorage, Fairbanks, Kenai, and Juneau. The
operating engineers in Juneau provide the book work training
only for its members. North Slope employers have taken this
training to the North Slope and the Training Institute of
American does training throughout the state.
SENATOR BUNDE said if this bill bets passed and operator
trainees can't get the 1,000 hours unless they are certified,
that creates a catch-22 situation.
MR. MITCHELL replied that a provision in the bill allows for a
trainee to become licensed without the full journeyman
certification. But it requires direct and continuous supervision
by a licensed crane operator.
SENATOR BUNDE said he didn't oppose the safety factor in the
bill, but he was thinking about the practical impact. If a
person has a contract and needs a crane operator, to apprentice
someone they would have to hire two people - the certified
operator and the person who is being trained. So becoming an
operator will not be easy or inexpensive.
MR. MITCHEL replied that might be the case in some
circumstances, but it is hard to imagine that some business is
just going to automatically need a crane and an operator "out of
the blue." They will be in the business, use them on a regular
basis and have operators in place. Alaska already has a
significant number of operators.
CHAIR PASKVAN remarked that last year's fiscal note estimated
1,000 licenses per year and this year's fiscal note predicts
700. "What has changed?"
MR. MITCHELL replied that he didn't know exactly, but the
department went through more evaluations this year than last
year on developing the final numbers for the fiscal note; that
could have changed expectations.
2:20:32 PM
CHAIR PASKVAN asked if it is more accurate this year.
MR. MITCHELL responded that the current fiscal note is accurate.
2:20:58 PM
CHAIR PASKVAN asked if the department would have problems
implementing the requirements if this bill passed.
MR. MITCHELL replied that he didn't think they would have a
problem and implementing the program would take six months to a
year.
2:21:58 PM
MR. ANDREWS referred back to Senator Bunde's question on a
training program. Many cranes that are operating in the 17.5 ton
classification have a crane operator and probably a crane oiler
as well. The crane oiler would be "an apprentice operator." He
would maintain the crane, make sure it is safe and "look over
the shoulder" of the operator. That operator would on occasion
when it is safe enough allow the oiler to operate the crane. The
operator then looks over his shoulder to make sure he is
operating safely.
CHAIR PASKVAN asked if he saw this licensing process as a
barrier to work in the field.
MR. ANDREWS replied no; employers realize the crane standards
were written in 1971 and have not been updated since then.
American National Standards Institute (ANSI) regulations have
been consistently updated every year or every other year as
need. So the industry has evolved and the operators that are
safe in the industry are evolving with; what has lagged is the
OSHA standard. So to say that ANSI standards should be the
standard of the industry should not be an encumbrance to the
industry - and this is only one facet of the over-arching
standard to be presented in July.
2:25:10 PM
CHAIR PASKVAN wondered if about seven years ago the American
Society of Mechanical Engineers became the body that sets the
standard.
MR. ANDREWS explained that the 17.5 ton standard comes from the
industry, and that in 1994 the Specialized Carriers and Riggers
Association realized a huge number of crane accidents were
happening with loss of life and property. So their casualty
group decided that if they were going to address craning in
America, similar to what the Canadians did in Ontario in the
70s, that they needed to get their arms around the issue.
Through interviewing national crane houses and organizations
they decided that under 17.5 tons would be one classification
and the NCCCO would be the organization qualified to set it.
2:27:28 PM
CHAIR PASKVAN asked if the standard in SB 97 is consistent with
industry practices as he described.
MR. ANDREWS answered yes.
CHAIR PASKVAN asked if another crane certification organization
exists.
MR. ANDREWS answered that the Crane Institute of America (that
has come to Alaska) is the only other nationally recognized
crane program that he knows of. The owner has made sure that he
meets the NCCCO qualification.
CHAIR PASKVAN asked if crane operators in both training
organizations are able to comply with this language.
MR. ANDREWS replied that NCCCO only offers tests, but the Crane
Institute of America will train and test. So, NCCCO that doesn't
endorse any training becomes more like the federal standard.
2:29:10 PM
MR. MITCHELL said one other organization has nationwide
accreditation out of Southern California. He said operating
cranes is a growing area, and entities like the Crane Institute
of American and the NCCCO are providing approvals to local
training providers. That is what the Alaska crane consultant's
business is - an arm of the Crane Institute of America. They
have approved this local business in Alaska to provide their
curriculum. He expects if this bill passes, that other
businesses would develop in order to provide this training.
2:30:28 PM
SENATOR THOMAS asked if the exemption for electrical line work
from 5 tons to 17.5 tons was the only exemption.
MR. MITCHELL replied that this exemption is for electrical line
work performed by a licensed electrician with a certificate of
fitness as a lineman who is using a crane that is up to 17.5
tons in capacity. Once the crane goes over that amount it would
require certification. The 5 ton threshold is the standard in
the bill.
2:31:48 PM
ROB PETERSON, District Representative, Operating Engineers, said
he also serves on the Alaska Safety Advisory Council. He
supported SB 97 saying he had been a heavy equipment operator
and mechanic in Alaska for 28 years. He supports this bill for
several reasons, but most importantly because of the safety of
the unsuspecting trade workers, equipment operators and public
that work around cranes in the State of Alaska every day.
He related that in 2008 there were 58 crane deaths and 126
injuries reported, but there is obviously a lot more. The causes
of construction worker crane related incidents in that 12-month
period by percentage were 1. crane collapses, 2. overhead power
line contacts, 3. crane loads and other crane parts falling on
people, and 4. 23 percent other causes.
In summary, the U.S. had a total of 97 reported crane incidents
involving 57 deaths and 127 injuries. The two states with the
most incidents are Florida and Texas, and out of the 15 states
that now have NCCCO or crane licensing certification for
operators, those two states do not.
2:34:38 PM
MR. PETERSON said from 1992-2006 there were 632 crane-related
deaths, an average of 42 a year; now it has gone up to 70-75 a
year. In that time there were also 18 multiple death incidents
involving a total of 40 deaths. The main causes were overhead
power line electrocutions (157 deaths), struck by crane loads
(132 deaths), crane collapses (89 deaths), struck by crane parts
(78 deaths), falls (56 deaths), struck by falling crane parts
(47 deaths), caught in between loads (30 deaths), and other
causes (43 deaths).
He said the main types of cranes used in Alaska in construction
are mobile cranes. In that period of time 71 percent of all the
crane-related incidents involved mobile cranes. With these
mobile cranes, 84 percent were power line incidents, 63 percent
were of crane collapses, and 60 percent were people being stuck
by parts of the crane coming down. First causes in Alaska are
mobile cranes tipping over and power lines.
2:36:59 PM
MR. PETERSON said the main cause of worker deaths from 1992-2006
by frequency is electrocution at 157 deaths. However, he said,
it's usually not the operator that gets killed, but someone on
the ground when the electricity passes through the machine. One
hundred and thirty-two workers were struck by crane loads and
that includes flaggers, directors and guides; 32 percent were
workers who weren't even involved with the crane. From 1992-2006
there were 81 crane collapses and the death rate from those was
89.
He explained that back in 1982 someone could stand a crane up on
its outriggers and "sort of feel" if it was going to tip, but
now in 2010 everything is designed lighter. Load charts in
cranes today have very few tipping points; most of it has to do
with structural failure. So, if you're picking a heavy load and
go above that rate in the load chart, the crane is going to
collapse before it will tip over.
One hundred and ninety-one construction laborers died from 1992-
2006; heavy equipment operators had 100 deaths, supervisors had
86 deaths, iron workers had 42 deaths, and mechanics had 41
deaths. Other trades had 171 deaths.
MR. PERTERSON felt that crane operators should be certified for
their safety as well as that of the general public. He reasoned
that you need a license to drive a car and to be a private
pilot, but not to operate a crane that could be working around
50-60 at a site. He felt that crane riggers and signal people
should be adequately trained and that crane inspectors should be
certified also.
2:41:33 PM
SENATOR BUNDE said his data was from states that require
certified operators, but asked if he have data from states that
don't require that. He didn't want people to think that just
because this bill is passed there won't be any accidents.
MR. PETERSON responded that was true, some things can't be
eliminated. The only data he has is about the two states that
don't have licensed operators that have the two highest
mortality and accident rates in the United States - those being
Florida and Texas.
2:43:09 PM
CHAIR PASKVAN asked him to comment on the 17.5 ton
classification.
MR. PETERSON said 17.5 tons is a good compromise number and it's
fair. It has been proven that most of the accidents are
happening with the large cranes.
SENATOR MEYER asked if the cranes over 17.5 tons are all
commercial.
MR. PETERSON answered yes; all cranes are commercial.
SENATOR MEYER asked if you can rent a crane from an equipment
rental place.
MR. PETERSON replied no; you can rent a crane with an operator
in Fairbanks. But if the rental company rented one to you, and
you could get the insurance, you probably could. He didn't think
they would be rented to the general public like a back hoe, for
instance.
CHAIR PASKVAN closed public testimony.
2:46:10 PM
SENATOR BUNDE suggested passing SB 97.
SENATOR MEYER commented that he didn't have any major objections
to it. He didn't hear any opposition today, but he had seen some
in previous minutes.
2:47:34 PM
SENATOR THOMAS said he had no objection to moving it.
SENATOR BUNDE said the 17.5 ton standard took some of Spenard
Builders' concerns away.
2:48:07 PM
PAULA SCAVARA, Legislative Liaison, Department of Labor and
Workforce Development (DOLWD), said that section 8 needs a
technical amendment. It says this bill takes effect January 1,
2010.
CHAIR PASKVAN moved conceptual Amendment 1 to change the
effective date to January 1, 2011. There were no objections and
it was so ordered.
SENATOR MEYER moved to report SB 97, version R, as amended from
committee. There were no objections and CSSB 97(L&C) moved from
committee.
There being no further business to come before the committee,
CHAIR PASKVAN adjourned the meeting at 2:49.
| Document Name | Date/Time | Subjects |
|---|