Northeast Builders

DEPARTMENT OF PUBLIC SAFETY  ADMINISTRATIVE RULING No. 2014-03

In-Service Training and Company Property Exemption

Pursuant to M.G.L. c.30A, §8 and M.G.L. c.146, §53, this shall serve as the Department

of Public Safety’s official interpretation of M.G.L. 146, §53(e) and the corresponding regulations

found at 520 CMR 6.06 and 6.07 with respect to in-service training and company property

exemption requirements.

Question:

How do the in-service training and company property exemption provisions within

Chapter 146, section 53(e) and 520 CMR 6.06 and 6.07 apply in light of OSHA requirements for

the workplace training of powered industrial truck operators found at 29 CFR 1910.178(l)?

Answer:

The Department interprets the law to allow total or partial exemption from all hoisting

licensure and in-service training requirements for qualifying companies. Both full and partial

exemption will depend on the general public’s access to company property and the type of

hoisting equipment operated on company property.

With respect to full exemption, any company that falls within the definition under M.G.L.

c.146, §53(e)(2) and operates only industrial lift trucks and forklifts exclusively on company

property will be fully exempt from all hoisting licensure and in-service training requirements if

the general public does not have access to any area where industrial lift trucks and forklifts are

operated. With respect to partial exemption, any company that falls within the definition under

M.G.L. c.146, §53(e)(2) and operates industrial lift trucks and forklifts in addition to other

hoisting equipment exclusively on company property will be partially exempt from hoisting

licensure and in-service training requirements if the general public does not have access to any

area where industrial lift trucks and forklifts are operated. Section 53(e) of Chapter 146 and 520

CMR 6.06 and 6.07 will apply to the operation of other hoisting equipment regardless of public

access to areas of operation.

Dated: November 14, 2014

Deval L. Patrick

Governor