Title 12, Subtitle 7, Chapter 48

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HAWAII ADMINISTRATIVE RULES
TITLE 12
DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
SUBTITLE 7
BOARDS
CHAPTER 48
HOISTING MACHINE OPERATORS

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§12-48-1 Purpose
§12-48-2 Scope
§12-48-3 Definitions
§12-48-4 Hoisting machine operators' advisory board
§12-48-5 Certificate required
§12-48-6 Application process
§12-48-7 Special certification [Repealed]
§12-48-8 Renewals
§12-48-9 Denials, suspensions, and revocations
§12-48-10 Appeals process
§12-48-11 Fees
§12-48-1 Purpose. This chapter implements section 396-19,
Hawaii Revised Statutes, and promulgates rules for the
certification of hoisting machine operators. The provisions
of this chapter shall apply to any person who acts as a
hoisting machine operator. [Eff 12/6/02] (Auth: HRS §396-4)
(Imp: HRS §§396-4, 396-19)
§12-48-2 Scope. Certification of hoisting machine
operators is limited to operators of power-operated
equipment covered by 29 C.F.R. §1926.1400 and meeting
operator qualification and certification requirements under
29 C.F.R. §1926.1427. [Eff 7/30/12] (Auth: HRS §396-4)
(Imp: HRS §§396-4, 396-19)
§12-48-3 Definitions. As used in this chapter:
"ASME B30.3" means ASME B30.3-2009, American Society
of Mechanical Engineers Safety Standards.
"ASME B30.5" means ASME B30.5-2007, American Society
of Mechanical Engineers Safety Standards.
"Board" means the hoisting machine operators' advisory
board.
"Certificate" means any hoisting machine operator
certificate, or renewal certificate issued by the director
authorizing a person to operate a hoisting machine.
"Certified operator" means a person with a current and

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valid certificate, or renewal certificate issued by the
director to operate a hoisting machine.
"Department" means the State department of labor and
industrial relations.
"Director" means the director of the department of
labor and industrial relations or the director’s designee.
"DOT" means State department of transportation.
"NCCCO" means National Commission for the
Certification of Crane Operators.
"Non-certified operator" means any person who operates
a hoisting machine without a valid and current certificate
issued by the director.
"State" means State of Hawaii.
[Eff 7/30/12] (Auth: HRS §396-4) (Imp: HRS §§396-4, 396-19)
§12-48-4 Hoisting machine operators' advisory board. The
board shall be composed of five members from both organized
labor and management employers. The members are to serve
without compensation and without reimbursement for
expenses. Members shall be appointed by the governor and
may adopt rules pursuant to chapter 91, Hawaii Revised
Statutes, for carrying out the purposes of the hoisting
machine operators' advisory board.[Eff 12/6/02] (Auth: HRS
§396-4) (Imp: HRS §§396-4, 396-19)
§12-48-5 Certificate required. (a) No person shall
operate a hoisting machine covered by this chapter without
a current certificate except as identified in this chapter.
(b) Any person who operates a hoisting machine shall
have and carry a current and valid certificate while
operating a hoisting machine.
(c) An operator must have a current physical
examination certificate as required in section 12-48-6(b)
at all times. Such proof, must be submitted upon request
to the director within two hours of request.
[Eff 7/30/12] (Auth: HRS §396-4) (Imp: HRS §§396-4, 396-19)
§12-48-6 Application process. (a) An applicant for a
certificate shall be at least twenty-one years of age at
the time of application and provide proof of age by
submitting a valid original of any two of the following for
the purpose of photocopying:
(1) Birth certificate;
(2) Driver's license;

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(3) Passport; or
(4) Hawaii State ID.
(b) An applicant must have passed a physical
examination that meets the requirements of ASME B30.3,
Section 3-3.1.2(b) or ASME B30.5, Section 5-3.1.2(a), as
applicable, and provide evidence of such examination by
submitting a complete and current copy of one of the
following:
(1) NCCCO medical examiner's certificate; or
(2) A DOT certificate of medical examination.
(c) At the time of application, an applicant must
provide a current NCCCO certificate or an equivalent form
of certification showing the applicant has hoisting machine
operation experience as required for the NCCCO written
exam. A copy of the NCCCO experience form is acceptable.
(d) Applications shall be submitted on forms provided
by the director. A completed application shall consist of
the form provided by the director that is completely
answered by the applicant, an application fee, and all
supporting documents required in subsections (a) through
(c). A completed application shall be submitted to the
director.
(e) The director shall notify the applicant whether
the application was approved or disapproved within sixty
calendar days of receipt of a completed application.
Approved applicants must submit the required certification
fee within thirty calendar days of receiving notice of
approval or must re-apply. The director shall issue the
state hoisting machine operator certificate within thirty
days of receipt of the certification fee.
(f) For initial applications only, a certificate
shall be valid for the balance of any current NCCCO
certification or other equivalent board-accepted
certification plus the term of any approved renewal NCCCO
certification or its equivalent board-accepted
certification. An applicant must submit proof of such
approved NCCCO certification or renewal or its equivalent
board-accepted certification or renewal at the time the
application fee is submitted. [Eff 7/30/12] (Auth: HRS
§396-4) (Imp: HRS §§396-4, 396-19)
§ 12-48-7 [Repealed]
§12-48-8 Renewals. (a) Applications to renew a
certificate shall be made on forms provided by the director
and must be submitted to the director with a nonrefundable

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renewal fee. Renewal applications must be submitted with
the required documents and forms identified in sections 12-
48-6(b) and (c).
(b) An application for renewal must be filed with the
director no later than ninety days after a current
certificate expires. Renewals will be granted or denied
within sixty days of receipt of a complete renewal
application as defined in section 12-48-6(d). An
application for renewal filed more than ninety days after a
current certificate expires, shall be considered a new
application.
(c) A renewal certificate shall be valid for the
balance of the NCCCO certification or other equivalent
certification approved by the board, but shall not exceed
five years. [Eff 7/30/12] (Auth: HRS §396-4) (Imp: HRS
§§396-4, 396-19)
§12-48-9 Denials, suspensions, and revocations. (a) The
director may deny, suspend, or revoke a certificate or deny
the issuance or renewal of a certificate for any of the
following reasons:
(1) A violation of 29 C.F.R. Part 1926, ASME B30.3 or
ASME B30.5;
(2) Non-compliance with an order of the director
within the time specified in the order;
Conviction of a crime directly related to
the safe operation of a hoisting machine
where an applicant or certified operator has
not been sufficiently rehabilitated;
(4) A mental or physical defect that causes an
inability to safely operate a hoisting
machine;
(5) Providing false information or making any
misrepresentation to obtain a certificate;
(6) Habitual intoxication, addiction to or the
unlawful use of narcotics, or the use of any
drugs or medications that could impair an
operator’s ability to safely operate a hoisting
machine;
(7) An accident involving a hoisting machine
operated by the person applying for or
seeking to renew a certificate; or
(8) For any other reason, which in the
discretion of the director, would create a hazard
or risk to persons or property.
(b) Operation of a hoisting machine in violation of
this chapter, may result in the revocation of a certificate

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or the suspension of a certificate for not less than
twenty-four hours but not more than one year.
(c) If the director finds an accident was caused by
the actions or omissions of a certified operator and
suspends or revokes the certified operator’s certificate,
the director may require the certified operator to retake
and pass a certification examination before applying to
have his or her certificate reinstated.
(d) A person whose certificate has been revoked may
apply for certification not less than one year after the
date of revocation. [Eff 7/30/12] (Auth: HRS §396-4) (Imp:
HRS §§396-4, 396-19)
§12-48-10 Appeals process. (a) Any denial, revocation,
or suspension shall be final and conclusive against an
applicant or certified operator unless a written notice of
contest is filed with the director. The written notice of
contest shall be an original, served on the director, and
must be postmarked, or if not mailed, received and filed by
the director within twenty calendar days of the denial,
revocation, or suspension.
(b) The director shall hold a hearing within thirty
calendar days after receiving a timely notice of contest.
The hearing shall be de novo and all findings and
conclusions by the director may be contested on the record
only to the Hawaii labor relations board.
(c) The applicant or certified operator may request
an informal conference to discuss a denial, revocation, or
suspension, but an informal conference shall not suspend or
change the twenty-day deadline for filing a notice of
contest.
(d) A certified operator whose certificate is revoked
shall, upon receiving notice of the revocation, immediately
surrender the certificate to the department. [Eff 7/30/12]
(Auth: HRS §396-4) (Imp: HRS §§396-4, 396-19
§12-48-11 Fees. (a) An applicant shall submit a
completed application to the director with a $50
application fee.
(b) Upon receiving notice that an application has
been approved, an applicant shall remit a $500
certification fee to the director within thirty calendar
days. For certification periods of less than five years,
the certification fee for each year or portion of a year
shall be $100.

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(c) Renewal applications shall be submitted to the
director and accompanied with a renewal fee of $500.
(d) All application and certification fees shall be
non-refundable. [Eff 7/30/12] (Auth: HRS §396-4) (Imp: HRS
§§396-4, 396-19)