Trades of Boom Truck Hoist, Mobile Crane and Tower Crane Operator Regulation

Trades of Boom Truck Hoist, Mobile Crane and Tower Crane Operator Regulation, M.R. 2/2018 The Apprenticeship and Certification Act , C.C.S.M. c. A110 Regulation 2/2018 Registered January 5, 2018 bilingual version (HTML) Table of Contents Section 1 Definitions 2 General regulation applies 3 Trades are compulsory certification trades 4 Exclusions 5 Term of apprenticeship 6 Supervision 7 Limits for apprentices 8 Minimum wage rates 9 Certification examination 10 Transition: mobile crane 11 Repeal 12 Coming into force Definitions 1 The following definitions apply in this regulation. "attachments" include hooks, slings, magnets, grapples, clamshell buckets and other heavy lift attachments, drag lines, personnel platforms or baskets, augers or drills and pile driving equipment, whether crane-attached or suspended. (« équipement ») "boom truck hoist" means a mechanical device or structure that (a) is mounted on a truck chassis which, in combination with the hoist, may be used to transport materials; and (b) incorporates a boom which (i) is telescoping or articulating and can move in the vertical and horizontal plane, (ii) can raise, lower or move a load suspended from the boom by means of tackle, (iii) has a manufacturer's original design specification rated lifting capacity of more than 7.3 tonnes (8 tons) but not more than 40.8 tonnes (45 tons), and (iv) can load material on and off the truck chassis on which it is mounted. (« treuil sur camion à flèche ») "boom truck hoist operator" means a person who, to the standard indicated in the Provincial Occupational Analysis for Boom Truck Operators, performs boom truck lift-preparations and inspections, boom truck set-up and operations, boom truck hoisting and other specialties, boom truck transport and hauling, boom truck maintenance and rigging for boom truck operations. (« opérateur de treuil sur camion à flèche ») "mobile crane" means a mechanical device or structure which incorporates a boom that (a) can move in both the vertical and horizontal plane; (b) can raise, lower or move a load suspended from the boom by means of tackle; (c) has a manufacturer's original design specification rated lift capacity greater than 7.3 tonnes (8 tons); and (d) is mounted on a permanent or mobile base. (« grue automotrice ») "mobile crane operator" means a person who, to the standard indicated in the National Occupational Analysis for Mobile Crane Operator, performs common occupational skills, hoisting calculations, mobile crane inspection and maintenance, rigging, lift planning, site preparation and mobile crane set-up, mobile crane assembly, disassembly and transport, and mobile crane operations. (« opérateur de grue automotrice ») "tackle" means an assembly of ropes or cable, sheaves and attachments used for hoisting, lowering and moving loads. (« mouflage ») "tower crane" means a travelling, fixed, self-erecting, mobile, or climbing crane that has (a) a boom; (b) a power-driven drum and wire rope to raise, lower or move loads; and (c) a vertical mast or tower and jib. (« grue à tour ») "tower crane operator" means a person who, to the standard indicated in the National Occupational Analysis for Tower Crane Operator performs common occupational skills, tower crane inspection and maintenance, tower crane set-up, hoisting calculations and lift planning, rigging, and tower crane operations. (« opérateur de grue à tour ») "trades" means (a) the trade of boom truck hoist operator; (b) the trade of mobile crane operator; and (c) the trade of tower crane operator. (« métiers ») General regulation applies 2 The provisions, including the definitions, of the Apprenticeship and Certification — General Regulation , Manitoba Regulation 154/2001, apply to the trades unless inconsistent with a provision of this regulation. Trades are compulsory certification trades 3 The trade of boom truck hoist operator, mobile crane operator and tower crane operator are each designated to be compulsory certification trades. Exclusions 4 For the purposes of section 26 of The Apprenticeship and Certification Act , a person is not working in the trades when he or she (a) maintains and repairs tackle; (b) while acting under the supervision of the journeyperson in charge of the boom truck hoist, mobile crane or tower crane, (i) sets up, assembles, disassembles, and tests the boom truck hoist, mobile crane or tower crane, or (ii) rigs loads; (c) operates (i) hoisting equipment that is used exclusively for firefighting, (ii) hoisting equipment that is used exclusively for raising, lowering and towing motor vehicles, provided the load is not freely suspended at any time when it is being hoisted, (iii) a digger derrick that is mounted on a truck chassis, equipped with an auger, boom tip winch and pole guides and used by one or more individuals who are employed or retained by a utility company to set, remove or maintain utility poles, or (iv) a crane that is operated in the underground portions at a mine; or (d) performs a task that he or she is authorized by another enactment to perform. Term of apprenticeship 5 The term of apprenticeship in (a) the trade of boom truck hoist operator is two levels, with each level consisting of a period of at least 12 months during which the apprentice must complete 1,250 hours of technical training and practical experience; (b) the trade of mobile crane operator is three levels, with each level consisting of a period of at least 12 months during which the apprentice must complete 1,800 hours of technical training and practical experience; and (c) the trade of tower crane is two levels with each level consisting of a period of at least 12 months during which the apprentice must complete 1,500 hours of technical training and practical experience. Supervision 6(1) The employer of an apprentice must ensure that the apprentice's practical experience is supervised by a person who holds the following certificate of qualification: (a) for an apprentice in the trade of boom truck hoist operator, a journeyperson boom truck hoist operator or a journeyperson mobile crane operator; (b) for an apprentice in the trade of mobile crane operator, a journeyperson mobile crane operator; (c) for an apprentice in the trade of tower crane operator, a journeyperson tower crane operator. 6(2) Subject to section 7, an apprentice may be assigned a task of the trade to be performed without the direct on-site supervision of a journeyperson if (a) the apprentice is in his or her second or third level; (b) the journeyperson responsible for supervising the apprentice's practical experience (i) has (A) assessed in person and documented in writing the risk factors of the worksite and the task that the apprentice is to perform, and (B) met with the apprentice to review those risk factors immediately before the apprentice attends the worksite, and (ii) is satisfied that the apprentice has prior experience performing the task and the apprentice's experience has been documented and verified in the apprentice's practical experience record book; and (c) the apprentice has access to the journeyperson responsible for supervising the apprentice's practical experience and is able to directly communicate with him or her by radio or by telephone. 6(3) When an apprentice performs a task of the trade without the direct on-site supervision of a journeyperson, the journeyperson responsible for supervising the apprentice's practical experience must be in communication with the apprentice, in person, by radio or by telephone at least once during each work day. 6(4) Nothing in this section limits, alters or derogates from an apprentice's right to request and receive the direct on-site supervision of a journeyperson while performing a task of the trade. Limits for apprentices 7(1) An apprentice working in any of the trades without the direct on-site supervision of a journeyperson must not perform a lift that exceeds (a) 80% of the manufacturer's original design specification rated lifting capacity, for every permissible configuration, of the boom truck hoist, mobile crane or tower crane load chart for the hoist or crane being operated, if he or she is in the second level of apprenticeship training; and (b) 90% of the manufacturer's original design specification rated lifting capacity, for every permissible configuration, of the mobile crane being operated, if he or she is in the third level of apprenticeship training. 7(2) An apprentice, other than an apprentice in his or her final level, working in any of the trades without the direct on-site supervision of a journeyperson must not hoist a person. Minimum wage rates 8(1) Unless otherwise prescribed by a payment agreement or enactment that is more favourable to the apprentice, the wage rate for an apprentice while undertaking practical experience in (a) the trade of boom truck hoist operator must not be less than (i) 80% of the reference wage rate during the first level, and (ii) 90% of the reference wage rate during the second level; (b) the trade of mobile crane operator must not be less than (i) 70% of the reference wage rate during the first level, (ii) 80% of the reference wage rate during the second level, and (iii) 90% of the reference wage rate during the third level; and (c) the trade of tower crane operator must not be less than (i) 80% of the reference wage rate during the first level, and (ii) 90% of the reference wage rate during the second level. 8(2) In subsection (1), "reference wage rate" means (a) the hourly minimum wage rate prescribed for a journeyperson boom truck hoist operator, mobile crane operator or tower crane operator, as applicable, under the Construction Industry Minimum Wage Regulation , Manitoba Regulation 119/2006; or (b) the prevailing wage rate per hour paid to an applicable journeyperson who is employed on the same contract or job as the apprentice, if the wage rate of the journeyperson is not prescribed under The Construction Industry Wages Act . Certification examination 9 The certification examination for (a) the trade of boom truck hoist operator consists of a written provincial examination; and (b) the trade of mobile crane operator and the trade of tower crane operator consists of a written interprovincial examination. Transition: mobile crane 10(1) Despite section 11, an apprentice who has completed at least one level in branch 1 (mobile crane) under the former regulation must complete his or her apprenticeship program under the former regulation as if it had not been repealed. 10(2) In this section, "former regulation" means the Trade of Crane and Hoisting Equipment Operator Regulation , Manitoba Regulation 16/2007, as that regulation read immediately before the coming into force of this regulation. Repeal 11 The Trade of Crane and Hoisting Equipment Operator Regulation , Manitoba Regulation 16/2007, is repealed. Coming into force 12 This regulation comes into force 120 days after the day it is registered under The Statutes and Regulations Act .