101.143 (6s) Arbitration. Upon the request of a person who files an appeal of a decision of the department under this section, if the amount at issue is $20,000 $100,000 or less, the appeal shall be heard by one or more individuals designated by the department to serve as arbitrator under rules promulgated for this purpose by the department. In such an arbitration, the arbitrator shall render a decision at the conclusion of the hearing, or within 5 business days after the conclusion of the hearing if the arbitrator determines that additional time is needed to review materials submitted during the hearing, affirming, modifying or rejecting the decision of the department. The arbitrator shall promptly file his or her decision with the department. The decision of the arbitrator is final and shall stand as the decision of the department. An arbitrator's decision may not be cited as precedent in any other proceeding before the department or before any court. A decision under this subsection is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud or undue means. The record of a proceeding under this subsection shall be transcribed as provided in s. 227.44 (8).
16,2485
Section 2485. 101.143 (9m) (g) 2. of the statutes is amended to read:
101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $270,000,000 $342,000,000 in principal amount, excluding any obligations that have been defeased under a cash optimization program administered by the building commission. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds, or to pay accrued or capitalized interest.
16,2490
Section 2490. 101.19 (1) (b) of the statutes is amended to read:
101.19 (1) (b) The required inspection of boilers, pressure vessels, refrigeration plants, petroleum and liquefied petroleum gas vessels, anhydrous ammonia tanks and containers, elevators, ski towing and lift devices, escalators, dumbwaiters, and amusement or thrill rides but not of amusement attractions.
16,2490b
Section 2490b. 101.19 (1) (ig) of the statutes is created to read:
101.19 (1) (ig) Authorizing crane operator certification programs under s. 101.22 (2).
16,2490f
Section 2490f. 101.22 of the statutes is created to read:
101.22 Crane operators. (1) Definition. In this section, "crane" means a power-operated hoisting machine that is used in construction, demolition, or excavation work, that has a power-operated winch and load line, and that has a power-operated boom that moves laterally by the rotation of the machine on a carrier. "Crane" does not include a forklift, a digger derrick truck, a bucket truck, a boom truck used for sign erection, or a machine with a movable bridge carrying a movable or fixed hoisting mechanism and traveling on an overhead, fixed, runway structure.
(2) Certification. (a) Certification required. Except as provided in sub. (5), no individual may operate a crane with a lifting capacity of 15 tons or more in this state without a valid crane operator certificate, received from a crane operator certification program authorized by the department under sub. (3).
(b) Employer liability. No employer may permit an employee to perform work in violation of par. (a).
(c) Contractor and subcontractor liability. No person who is under a contract to construct an improvement to land may permit an agent of the person, or an independent contractor under contract with the person, to perform work on the improvement in violation of par. (a).
(3) Certification programs. (a)
Generally. Except as provided in sub. (4), the department shall administer a program under which the department authorizes crane operator certification programs to grant certificates that satisfy sub. (2) (a).
(b) Required components of certification programs. The department may authorize a crane operator certification program only if all of the following are satisfied:
1. The program requires an individual who is applying for a certificate to satisfactorily complete a written examination regarding safe crane operation.
2. The program requires an individual who is applying for a certificate to meet physical standards necessary for safe crane operation, consistent with any national standard that the department determines is appropriate.
3. The program requires an individual who is applying for a certificate to satisfactorily complete a practical examination regarding safe crane operation, unless the individual is applying for recertification and provides sufficient evidence that the individual has safely completed at least 1,000 hours of crane operation during the 5-year period before the date of the application for recertification.
4. The program is consistent with any applicable certification and recertification requirements established by the federal occupational safety and health administration and, to the extent feasible, the National Commission for the Certification of Crane Operators.
5. The program issues a crane operator certificate that has a term of 5 years.
(c) Rules. The department shall promulgate rules to administer the program established under par. (a).
(d) List. The department shall maintain a list of crane operator certification programs authorized by the department.
(4) Federal approval. The department shall submit to the federal secretary of labor a plan for the certification of crane operators under this section, if required to do so under
29 USC 667 (b), and shall request the federal secretary of labor to approve the plan. The plan submitted by the department shall be consistent with all of the provisions of this section. If no approval is required under
29 USC 667 (b) or if an approval that is consistent with all of the provisions of this section is granted and in effect, the department shall implement the program under this section. If approval is required under
29 USC 667 (b), the department may not implement the program under this section unless an approval that is consistent with all of the provisions of this section is granted and in effect.
(5) Exceptions. (a)
Lack of federal approval. Subsection (2) (a) does not apply if approval of the department's plan for the certification of crane operators is required under
29 USC 667 (b) but is not granted and in effect.
(b) Other exceptions. Subsection (2) (a) does not apply to any of the following:
1. An individual who is receiving training as a crane operator, if the individual is under the direct supervision of a crane operator who holds a valid crane operator certificate, received from a crane operator certification program authorized by the department under sub. (3).
2. An individual who is a member of a uniformed service, as defined in s. 6.22 (1) (c), or who is a member of the U.S. merchant marine, if the individual is performing work for the uniformed service of which the individual is a member or for the U.S. merchant marine, respectively.
3. An individual who is operating a crane for personal use on a premises that is owned or leased by the individual.
4. An individual who is operating a crane in an attempt to remedy an emergency.
5. An individual who is an employee or subcontractor of a public utility, as defined in s. 196.01 (5), a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only, a telecommunications carrier, as defined in s. 196.01 (8m), a commercial mobile radio service provider, as defined in s. 196.01 (2g), or an alternative telecommunications utility under s. 196.01 (1d) (f), and who is operating a crane within the scope of his or her employment or contract.