7370-7374

LABOR CODE
SECTION 7370-7374




7370.  (a) The Legislature finds and declares that recent statewide
spot inspections of cranes have uncovered a pattern of numerous
safety violations so serious and pervasive that safety inspections
shall be a continuing priority with regard to all tower cranes in the
state.



7371.  As used in this chapter, the following definitions shall
apply:
   (a) "Crane" means a machine for lifting or lowering a load and
moving it horizontally, in which the hoisting mechanism is an
integral part of the machine. It may be driven manually or by power
and may be a fixed or a mobile machine, but does not include
stackers, lift trucks, power shovels, backhoes, excavators, concrete
pumping equipment, or straddle type mobile boat hoists.
   (b) "Straddle type mobile boat hoist" means a straddle type
carrier supported by four wheels with pneumatic tires capable of
straddling and carrying boats with high masts and superstructure.
   (c) "Tower crane" means a crane in which a boom, swinging jib, or
other structural member is mounted on a vertical mast or tower.
   (d) "Mobile tower crane" means a tower crane which is mounted on a
crawler, truck, or similar carrier for travel or transit.
   (e) "Crane employer" means an employer who is responsible for the
maintenance and operation of a tower crane.
   (f) "Certificating agency" shall have the same definition as in
Section 4885 of Title 8 of the California Code of Regulations.



7372.  (a) The division shall employ safety engineers trained to
inspect tower cranes.
   (b) The division shall establish a safety inspection program for
all tower cranes operated in the state. This safety program shall
include:
   (1)  Safety inspection of tower cranes twice a year.
   (2) Increased penalties for the violation of tower crane safety
orders and standards.
   (3) Permit fees as described in Section 7373.



7373.  (a) No tower crane shall be operated at any worksite unless
an employer obtains a permit from the division. The division shall
conduct an investigation for purposes of issuing a permit in an
expeditious manner. If the division does not issue a permit within 10
days after being requested to do so by a crane employer, the crane
employer may operate the crane without a permit.
   (b) The division shall set a fee to be charged for these permits
in an amount sufficient to cover the cost of funding the issuance of
the permits and the safety engineers as provided by subdivision (a)
of Section 7372.
   (c) The permit for a fixed tower crane shall be valid for the
period of time that the tower crane is fixed to the site.
   (d) The permit for a mobile tower crane shall be valid for one
calendar year.



7374.  (a) The division may suspend or revoke the permit of a crane
where the employer engages in gross negligence, gross incompetence,
or willful or repeated disregard of any occupational safety standard
or order involving the crane.
   (b) The permit of the crane shall be suspended or revoked for a
six-month period for first-time suspensions or revocations, and for a
one-year period for each subsequent suspension or revocation. The
division shall establish a suspension and revocation hearing
procedure and appeal process.