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Amendment of Rules Relating to Hoisting Machine Operators

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Rule status: Adopted

Agency: DOB

Effective date: July 25, 2024

Proposed Rule Full Text

Adopted Rule Full Text

Adopted rule summary:

The 2022 New York City Construction Codes (“2022 Code updates”), enacted by Local Law 126 for the year 2021, created, among other things, new classes of limited hoisting machine operator licenses for articulating boom cranes and mini cranes. The 2022 Code updates also authorize the department to create additional limited licenses for other types of hoisting machines. For individuals applying for such new limited hoisting machine operator licenses, the department has a 2-year window, running from November 7, 2022, to November 6, 2024, to establish alternative pathways for licensure. Existing Class C-2 and C-3 hoisting machine operator licenses were also renamed boom truck limited license and a sign hanging crane limited license, respectively.

The rule amendments implement the new limited hoisting machine operator licenses for articulating boom cranes and mini cranes. The amendments further create a new limited hoisting machine operator license for telehandlers. Ancillary changes for Class A, B, and C hoisting machine operator licenses are also included.

Comments are now closed.

Online comments: 8


    Magni strongly opposes the requirement for HMO license to operate a rotating telehandler (Roto). We feel that the requirement of an HMO is over-reaching, unnecessary, and not in the economic interests of NYC and it’s population and will, if enacted, significantly reduce jobs, cause significant economic harm, and cause construction costs to rise. The 100% safety record of Roto’s in the NYC area support our position.

    Magni does support licensing and testing through NCCCO or similar training facilities, but the requirement for an HMO, especially once the grandfather-in time period ends will make it almost impossible for people to obtain these HMO licenses. Magni, and it’s competitors have worked closely with NCCCO to facilitate the proper educational curriculum to assure safe and proper operation of both roto and fixed telehandlers.

    Magni’s safety systems which prevent the machines from being put into an overloaded situation to prevent tips and rollovers and similar dangerous things from occurring actually make jobsites SAFER since the roto machine is normally placed in position and doesn’t move around the jobsite. This prevents people from being run over, and keeps the jobsite more stable due to less traffic.

    We know the ANSI (the international standard worldwide) approved committee is working on the release of the ANSI B56.16 to regulate the Rotating TH in a specific product category apart from cranes which will legally designate that the roto is NOT a crane and hence does not require an HMO.
    The new regulation will be adopted based on existing EN and ISO regulation and a draft will be released probably next few months, so NYC regulating beyond an international accepted standard is overreaching.

    Nowhere in the world does any city or country require a crane or similar license to operate a roto, due to their ease of operation, safety features, and compact footprint. Many of these international locations have tighter and denser cities than even NYC does so the argument of NYC being special is not valid.

    To summarize while Magni of course does support safe training and operation of rotos, requirement of an HMO is extremely onerous and unnecessary.

    Comment added February 5, 2024 2:48pm
  • Anshy Holtzman

    We are submitting our comments/suggestions for the HMO Rule Hearing on February 28th, please see attached on our letter head.

    Comment attachment
    Comment added February 26, 2024 2:53pm
  • Brian Sampson

    Please see attached for ABC’s response to this proposed rule.

    Comment attachment
    Comment added February 26, 2024 3:01pm
  • Keith Haskell

    Keith Haskell / Chief Operating Officer of New Castle Building Products. Attached PDF file.

    Comment attachment
    Comment added February 26, 2024 3:16pm
  • Donald Senese

    Please see letter attached.

    Comment attachment
    Comment added February 27, 2024 9:29am
  • Steven Davi

    Please see attached detailed letter submission.

    Comment attachment
    Comment added February 28, 2024 3:46pm

    Please see comments attached regardging proposed HMO regulations.

    Comment attachment
    Comment added February 28, 2024 4:30pm

    As you see the exemption in the standard also indicates that power industrial trucks [telehandlers] are exempt from the crane standard UNLESS the machine is equipped with a winch or hook for lifting.

     OSHA training for this type of equipment would typically include those required by OSHA standard for powered industrial trucks 1926.602(d) which references 1910.178(l).

    1926.602 (d) Powered industrial truck operator training.

    Note: The requirements applicable to construction work under this paragraph are identical to those set forth at §1910.178(l) of this chapter.
    Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator’s performance in the workplace.
    All operator training and evaluation shall be conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.

    Based on the above and attached and prior submissions, DOB proposed regulations are arbitrary, capricious, and overreaching.

    Comment attachment
    Comment added February 28, 2024 6:41pm