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2. At least 5,000 verifiable hours related to operating a crane in his or her
19lifetime, with at least 2,500 hours in actually operating a crane and not more than
202,500 hours in crane-related experience. Of the hours in crane-related experience,
21not more than 1,250 hours may be hours spent in apprentice instruction related to
22operating cranes. If any of the verifiable hours in crane-related experience is not
23obtained in the employment of a registered training employer, at least 40 hours must
24be obtained through apprentice instruction relating to operating cranes.
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1(c) The individual has obtained certification from a program of certification of
2crane operators that is accredited by the National Commission for Certifying
3Agencies or from an equivalent accrediting body approved by the department. The
4certification process shall require passing both a written and practical examination.
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(e) The individual does not have a license, certification, or other permission to
6operate a crane or heavy equipment issued by the department or by a comparable
7licensing agency in another jurisdiction that is suspended or revoked at the time of
8application.
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9(5) Endorsement qualifications; tower crane operators. The department
10shall issue a tower crane operator endorsement to each individual who holds a valid
11license issued under sub. (4) and who has obtained certification from a program of
12certification for operating tower cranes that is accredited by the National
13Commission for Certifying Agencies or from an equivalent accrediting body
14approved by the department.
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15(6) Licensing qualifications; apprentice crane operators. The department
16shall issue an apprentice crane operator license to each individual who meets all of
17the following requirements:
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(a) The individual is at least 18 years old.
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(b) The individual is enrolled in a recognized apprenticeship program.
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(c) The individual does not have a license, certification, or other permission to
21operate a crane or heavy equipment issued by the department or by a comparable
22licensing agency in another jurisdiction that is suspended or revoked at the time of
23application.
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1(7) Licensing qualifications; heavy equipment operators. The department
2shall issue a heavy equipment license to each individual who meets all of the
3following requirements:
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(a) The individual is at least 18 years old.
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(b) The individual has one of the following:
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1. Successfully completed a recognized apprenticeship program.
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1m. At least a total of 1,000 verifiable hours of experience in operating heavy
8equipment in the 5-year period immediately preceding his or her application for the
9license, with at least 500 hours in operating regulated heavy equipment and not
10more than 500 hours in operating unregulated heavy equipment. Of the hours spent
11in operating unregulated heavy equipment, not more than 250 hours may be hours
12spent in apprentice instruction related to operating heavy equipment.
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2. At least a total of 5,000 verifiable hours of experience in operating heavy
14equipment in his or her lifetime, with at least 2,500 hours in operating regulated
15heavy equipment and no more than 2,500 hours in operating unregulated heavy
16equipment. Of the hours spent in operating unregulated heavy equipment, not more
17than 1,250 hours may be hours spent in apprentice instruction related to operating
18heavy equipment.
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(d) The individual does not have a license, certification, or other permission to
20operate a crane or heavy equipment issued by the department or by a comparable
21licensing agency in another jurisdiction that is suspended or revoked at the time of
22application.
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23(8) Licensing qualifications; apprentice heavy equipment operators. The
24department shall issue an apprentice heavy equipment operator license to each
25individual who meets all of the following requirements:
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1(a) The individual is at least 18 years old.
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(b) The individual is enrolled in a training program on the operation of heavy
3equipment recognized by the U.S. department of labor.
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(c) The individual does not have a license, certification, or other permission to
5operate a crane or heavy equipment issued by the department or by a comparable
6licensing agency in another jurisdiction that is suspended or revoked at the time of
7application.
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8(9) Period of validity; renewals. (a) A license issued under sub. (4) or (7) shall
9be valid for a period of 5 years. A license issued under sub. (6) or (8) shall be valid
10for a period of 4 years.
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(b) The department shall renew a crane operator license if all of the following
12apply:
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1. The holder of the license has at least 1,000 verifiable hours of experience in
14operating a crane in the 5-year period immediately preceding his or her application
15for renewal. If more than 500 of these verifiable hours are not obtained in the
16employment of a registered training employer, at least 40 hours must be obtained
17through apprentice instruction relating to operating cranes.
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2. The holder's license issued under sub. (4) has not been suspended or revoked.
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3. The holder of the license has not violated any provision under this section,
20or rules promulgated under this section.
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(c) The department shall renew a heavy equipment operator license if all of the
22following apply:
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1. The holder of the license has at least 1,000 verifiable hours of experience in
24operating heavy equipment in the 5-year period immediately preceding his or her
25application for renewal. Of these verifiable hours, at least 200 hours must be hours
1spent in operating regulated heavy equipment. If more than 500 of these verifiable
2hours are not obtained in the employment of a registered training employer, at least
340 hours must be obtained through apprentice instruction relating to operating
4heavy equipment.
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2. The holder's license issued under sub. (7) has not been suspended or revoked.
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3. The holder of the license has not violated any provision under this section,
7or rules promulgated under this section.
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8(9m) Federal approval. The department shall submit to the federal secretary
9of labor a plan for the licensing under this section of individuals operating cranes and
10heavy equipment, if required to do so under
29 USC 667 (b), and shall request the
11federal secretary of labor to approve the plan. The plan submitted by the department
12shall be consistent with all of the provisions of this section. If no approval is required
13under
29 USC 667 (b) or if an approval is granted and in effect, the department shall
14implement the licensing requirements under this section. If approval is required
15under
29 USC 667 (b), the department may not implement the licensing
16requirements under this section unless an approval is granted and in effect. The
17licensing requirements under this section do not apply if approval of the
18department's plan is required under
29 USC 667 (b) but is not granted and in effect.
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19(10) Rules. (a) The department shall promulgate rules that do all of the
20following:
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1. Establish criteria for purposes of approving accrediting bodies under sub. (4)
22(c).
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2. Establish procedures and requirements for verifying hours under sub. (11).
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3. Establish standards for suspending and revoking licenses issued under this
25section.
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1(b) 1. The department shall promulgate a rule that establishes a listing of the
2types of heavy equipment that are regulated under this section and may amend the
3rule to add to or remove from the listing types of heavy equipment.
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2. The council may make a recommendation to the department to include in the
5listing under subd. 1. certain types of heavy equipment.
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(c) The council may make recommendations to the department for rules
7relating to crane safety standards established by the American Society of Mechanical
8Engineers or relating to other crane safety standards.
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(d) The council may make recommendations regarding other rules that are
10promulgated under this section.
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(e) Upon receipt of a recommendation for a rule received from the council under
12par. (b) 2., (c), or (d) 2. or 3., the department may adopt the recommendation and
13promulgate a rule that implements the recommendation.
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(f) The council may make recommendations to the department of workforce
15development regarding the necessary requirements for qualifying as a registered
16training employer.
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17(11) Calculation of verifiable hours. (a) For purposes of subs. (4) (b) 1., 1m.,
18and 2. and (9) (b) 1., any of the following hours shall be counted as verifiable hours
19of actually operating a crane for meeting requirements for a crane operator license
20issued under sub. (4) or renewed under sub. (9):
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1. Hours spent working at the controls of a crane.
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2. Hours spent working in direct control of a crane, including hours assembling
23or disassembling the crane or the crane's boom or boom attachments, extending or
24retracting the crane's outriggers or stabilizers, leveling the crane, or replacing the
25hoisting ropes.
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13. Hours spent working directly supervising, instructing, or directing another
2individual who is carrying out an activity described in subd. 1. or 2.
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(am) For purposes of sub. (4) (b) 1., 1m., and 2., any of the following hours shall
4be counted as verifiable hours of crane-related experience for meeting requirements
5for a crane operator license issued under sub. (4):
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1. Hours spent in apprentice instruction related to operating cranes.
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2. Hours spent at a work site engaged in activities that increase the individual's
8knowledge and skill in operating a crane. These activities include working as an
9oiler, performing maintenance on cranes, setting up and dismantling cranes, rigging
10cranes for hoisting, and performing signals to guide the movements of cranes.
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(ar) Notwithstanding pars. (a) and (am), hours may not be counted as verifiable
12hours for purposes of subs. (4) (b) 1., 1m., and 2. and (9) (b) 1., if the hours are any
13of the following:
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1. Hours spent operating a crane to which an exemption under sub. (3) applies.
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2. Hours spent in crane-related experience where the crane is one to which an
16exemption under sub. (3) applies.
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(b) For purposes of subs. (7) (b) 1m. and 2. and (9) (c) 1., any of the following
18hours shall be counted as verifiable hours for meeting requirements for a heavy
19equipment license issued under sub. (7) or renewed under sub. (9):
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1. Hours spent operating any piece of heavy equipment except as provided in
21par. (bn).
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2. Hours spent in an apprenticeship program in the operation of heavy
23equipment that is recognized by the U.S. department of labor or in a training
24program recognized by the U.S. department of labor.
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13. Hours spent directly supervising or directing the operation of a piece of heavy
2equipment by another individual.
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(bn) Hours spent operating a piece of heavy equipment to which an exemption
4under sub. (3) applies may not be counted as verifiable hours for purposes of subs.
5(7) (b) 1m. and 2. and (9) (c) 1.
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6(12) Application procedures. An individual shall apply for a license under this
7section by submitting an application on a form provided by the department together
8with the applicable fee established under s. 101.19 (1) (n). The fee shall be
9nonrefundable.
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10(13) Disclosures; posting. (a) Each contract for a public works project shall
11contain a statement setting forth the requirements of this section. The department
12shall promulgate a rule that contains the required wording for the statement.
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(b) The department shall promulgate rules to ensure that a copy of the license
14of each individual working at a work site of a public works project is posted at that
15work site. The notice shall be posted in at least one conspicuous and easily accessible
16place on the work site and shall remain posted during the full time any individual
17is employed at the work site.
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18(14) Oversight. The department shall conduct periodic reviews of any program
19of certification or accrediting body specified under sub. (4) (c) to monitor and ensure
20compliance with the rules promulgated under sub. (10) (a) 1. The department may
21cease to use any program of certification under sub. (4) (c) if it determines that the
22program or entity is not in compliance with the applicable rules.
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23(15) Enforcement. (a) On its own motion or upon a complaint filed by any
24individual, the department shall issue an order or commence a civil action to enforce
25this section.
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1(b) Whoever violates sub. (2) (a) or (b) shall be fined not more than $250 for the
2first violation, not more than $500 for a 2nd violation, and not more than $1,000 for
3each subsequent violation. Each day of continued violation constitutes a separate
4violation.
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101.19
(1) (n) Issuing licenses and administering examinations to crane
7operators and heavy equipment operators under s. 101.138.
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(1)
Rules; initial listing.
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(a) In this subsection, " regulated heavy equipment" has the meaning given in
11section 101.138 (1) (f) of the statutes, as created by this act.
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(b) The initial listing of types of regulated heavy equipment that is required to
13be established by rule under section 101.38 (10) (b) 1. of the statutes, as created by
14this act, shall consist of, and shall be limited to, all of the following:
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151. Excavators.
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173. Shouldering machines.
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184. Milling machines.
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(2)
Rules; submission of initial listing. No later than the first day of the 3rd
23month beginning after the effective date of this subsection, the department of
24commerce shall submit in proposed form the rules being promulgated under section
1101.138 (10) (b) 1. of the statutes, as created by this act, and
Section 6 (1) of this act
2to the legislative council staff under section 227.15 (1) of the statutes.
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(3)
Rules; submission of other rules. No later than the first day of the 9th
4month beginning after the effective date of this subsection, the department of
5commerce shall submit in proposed form the rules being promulgated under section
6101.138 (10) (a) of the statutes, as created by this act, to the legislative council staff
7under section 227.15 (1) of the statutes.
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(4)
Economic impact report. Notwithstanding section 227.137 (2) of the
9statutes, the secretary of administration may not require the department of
10commerce to prepare an economic impact report for the rules being promulgated
11under section 101.138 (10) (a) and (b) 1. of the statutes, as created by this act, and
12under subsection (1).
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(5)
Council. Notwithstanding the length of terms of the members of the crane
14and heavy equipment council under section 15.157 (16) (a) 1. to 5. of the statutes, as
15created by this act, the initial members shall be appointed for the following terms:
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(a)
One member appointed under section 15.157 (16) (a) 1. of the statutes, as
17created by this act, one member appointed under section 15.157 (16) (a) 2. of the
18statutes, as created by this act, and one member appointed under section 15.157 (16)
19(a) 3. of the statutes, as created by this act, for terms that expire on July 1, 2013.
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(b)
One member appointed under section 15.157 (16) (a) 1. of the statutes, as
21created by this act, one member appointed under section 15.157 (16) (a) 2. of the
22statutes, as created by this act, and the member appointed under section 15.157 (16)
23(a) 4. of the statutes, as created by this act, for terms that expire on July 1, 2014.
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1(c)
One member appointed under section 15.157 (16) (a) 3. of the statutes, as
2created by this act and the member appointed under section 15.157 (16) (a) 5. of the
3statutes, as created by this act, for terms that expire on July 1, 2015.
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(6)
Federal approval. No later than the first day of the 4th month beginning
5after the effective date of this subsection, the department of commerce shall submit
6to the federal secretary of labor the plan required under section 101.138 (9m) of the
7statutes, as created by this act, if required to do so under
29 USC 667 (b).
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(1)
This act first applies to a proposal for a public works project, as defined in
10section 101.138 (1) (e) of the statutes, as created by this act, that is submitted to a
11state agency or a local governmental unit for approval on the effective date of this
12subsection.