This document provides information on operating hoisting machinery safely. It discusses requirements for licenses and certificates to operate various types of hoisting equipment. It also summarizes regulations around inspection and maintenance of equipment, proper operating procedures, and safety practices. Regulations covered include OSHA 1926, MGL 146, and 520 CMR 6.00.

1. Class 4G
Hoisting CEU and test prep

2. At least 4
contact hours
 All participants will receive a certificate of attendance.
 This certificate will be needed for renewal of your class 2 hoisting
license.

3. Boom Mowers
 This machine is often operated in heavy brush and in heavy
weeds.
 The Blades of this Mower can throw objects if shields are not
properly installed and maintained.
 Serious injury or even death may occur unless care is taken to
insure the safety of the operator, bystanders, or passersby in the
area.
 Do not operate this machine with anyone in the immediate area.
Stop mowing if anyone is within 100 yards of mower.

4.  Start tractor only when properly seated in the tractor seat.
Starting a tractor in gear can result in injury or death. Read the
tractor operators manual for proper starting instructions.
 Test the equipment at a slow speed in turns. Increase the speed
through the turn only after you determine that it is safe to operate
at a higher speed.

5.  KEEP AWAY FROM ROTATING ELEMENTS to prevent
entanglement and possible serious injury or death.
 Do not exceed the rated PTO speed for the Implement. Excessive
PTO speeds can cause Implement driveline or blade failures
resulting in serious injury or death
 There are obvious and hidden potential hazards in the operation
of any mower.

6. Boom mower
operations
 A safe and careful operator is the best operator.
 Most accidents can be avoided by being aware of your equipment,
your surroundings, and observing certain precautions.
 Never operate the Tractor or Implement until you have read and
completely understand the Manual

7.  Always maintain the safety decals in good readable condition. If
the decals are missing, damaged, or unreadable, obtain and install
replacement decals immediately.
 Operate this Equipment only with a Tractor equipped with an
approved roll-over-protective system (ROPS). Always wear seat
belts. Serious injury or even death could result from falling off the
tractor--particularly during a turnover when the operator could be
pinned under the ROPS.

8.  BEFORE leaving the tractor seat, always engage the brake and/or
set the tractor transmission in parking gear, disengage the PTO,
stop the engine, remove the key, and wait for all moving parts to
stop.
 Never allow children or other persons to ride on the Tractor or
Implement Falling off can result in serious injury or death.

9.  Flail Mowers are capable under adverse conditions of throwing
objects for great distances (100 yards or more) and causing serious
injury or death. Follow safety messages carefully.
 Each Rear Wheel must have a minimum of 1,000 pounds or other
specified amount of contact with the surface to prevent lateral
instability and possible tip-over which could result in serious bodily
injury or even death.

10. OSHA 1926
 The employer is responsible for requiring the wearing of
appropriate personal protective equipment in all operations where
there is an exposure to hazardous conditions or where this part
indicates the need for using such equipment to reduce the hazards
to the employees.
 "Employee-owned equipment." Where employees provide their
own protective equipment, the employer shall be responsible to
assure its adequacy, including proper maintenance, and sanitation
of such equipment.
 The employer must pay for replacement PPE, except when the
employee has lost or intentionally damaged the PPE.

11. OSHA 1926
 Employees working in areas where there is a possible danger of
head injury from impact, or from falling or flying objects, or from
electrical shock and burns, shall be protected by protective
helmets.
 What is the shelf life or usable life of a helmet?
 7 years.
 ANSI-Z89

12. OSHA 1926
Subpart O
 All equipment left unattended at night, adjacent to a highway in
normal use, or adjacent to construction areas where work is in
progress, shall have appropriate lights or reflectors, or barricades
equipped with appropriate lights or reflectors, to identify the
location of the equipment.

13. Subpart O
 Heavy machinery, equipment, or parts thereof, which are
suspended or held aloft by use of slings, hoists, or jacks shall be
substantially blocked or cribbed to prevent falling or shifting
before employees are permitted to work under or between them.
Bulldozer and scraper blades, end-loader buckets, dump bodies,
and similar equipment, shall be either fully lowered or blocked
when being repaired or when not in use. All controls shall be in a
neutral position, with the motors stopped and brakes set, unless
work being performed requires otherwise.

14. Subpart O
 All cab glass shall be safety glass, or equivalent, that introduces no
visible distortion affecting the safe operation of any machine
covered by this subpart.

15. MGL 146  Massachusetts General Law (mgl) 146 is the law that defines the
process for licensing of hoisting engineers.

16. MGL c-146
 Section 53. (a) No person shall operate hoisting equipment unless
they hold a license or temporary permit as provided in this section.
The owner or user of such hoisting machinery shall not operate, or
cause to be operated, such machinery, unless the person
operating it is duly licensed or possesses a temporary permit. Any
operator of such hoisting machinery when it is being used
exclusively for agricultural purposes shall be exempt from this
section.

17. MGL c146 s53
 Section 53. (a) No person shall operate hoisting machinery unless
such person holds a license or temporary permit.
 The owner or user of hoisting machinery shall not operate, or
cause to be operated, such machinery, unless the person
operating it is duly licensed or possesses a temporary permit.
 Any operator of hoisting machinery when it is being used
exclusively for agricultural purposes shall be exempt from this
section.

18. MGL 146
 For licensing and temporary permitting purposes, the
commissioner shall classify hoisting machinery by categories.
 Depending on size, weight, common usage, capacity, power
source or such other characteristics as the commissioner may find
appropriate.
 Provided however, that at least 1 category shall include cranes
and other similar equipment and 1 category shall include
excavating equipment.

19. MGL 146
 Criteria for issuance of a license or temporary permit shall include, but
not be limited to, training and experience requirements appropriate to
the categories of machinery for which the license is intended.

20. MGL 146
 In cases where a district engineering inspector finds that the immediate
suspension or revocation of a license or temporary permit to operate
hoisting machinery is necessary for the preservation of the public health or
safety, the inspector may order such suspension or revocation pending the
outcome of a hearing, under the procedures set forth in the regulations.

21. MGL 146
 The following entities shall be exempt from this section:
 A utility company which has self propelled truck mounted cranes, derricks
and similar hoisting equipment which is used for the maintenance and
construction of the equipment that company
 A company which operates hoisting equipment specifically limited to
industrial lift trucks, fork lifts, overhead cranes and other hoisting
equipment, specifically authorized by the department and used exclusively
on company property
 Any company which has equipment such as cranes, derricks and similar
hoisting equipment used only on utility company property.

22. MGL 146
 Such exemption shall only apply if a company has:
 At least 1 supervisory employee on site at all who holds a license issued by
the department and
 An in-service training program for employees approved by the
department and
 A company license has been issued to each trained and certified employee
containing a picture of the licensee, a list of the specific hoisting
equipment the licensee has been qualified to operate and the signature of
the supervisor who holds a department license.

23. MGL 146
 Any other company which has equipment such as cranes, derricks and
similar hoisting equipment used only upon utility company property shall
also be exempt from this section; provided, however, that the company
has complied with all of the requirements of the preceding paragraph.

24. MGL 146
ss54A
 A license or temporary permit to operate hoisting machinery shall be
carried by the operator or apprentice operator while operating hoisting
machinery.
 In the case of a temporary permit to operate compact hoisting equipment
the operator must also carry a valid driver’s license.

25. MGL 146
ss54A
 Violates any provision of section 53, 53A or 54, or any rule or regulation
made thereunder, shall be punished by a fine of not less than five hundred
dollars and not more than three thousand dollars, or by imprisonment for
not more than three months, or both.
 Whoever prevents or attempts to prevent any inspector from entering on
any premises shall be punished by a fine of not less than two hundred and
fifty dollars and not more than three thousand dollars, or by imprisonment
for not more than three months, or both.

26. MGL 146
ss54A
 Any person who permits an unlicensed person to operate hoisting
machinery shall be subject to a fine of not less than one thousand
dollars and not more than three thousand dollars, or by
imprisonment for not more than three months, or both.

27. 520 CMR 6.00
 520 CMR (Commonwealth of Massachusetts Regulation) 6.00 is
special legislation that governs the operation of excavation
equipment, cranes, fork lifts and other specific equipment.

28. Definitions of
520 CMR 6.00
 The following words and terms, when used in 520 CMR 6.00 shall have the
following meanings unless the context clearly indicates otherwise or the
term is redefined for a specific section or purpose:
 Apprentice License. A certification issued by the Department upon proof
of registration at a Training Facility and with the Division of Apprentice
Training within the Department of Labor Standards, which enables the
holder to operate Hoisting Machinery under the direct guidance and
supervision of a duly licensed person licensed to operate the category of
Hoisting Machinery for which certification is issued.

29. Definitions of
520 CMR 6.00
 Cargo. A load, quantity, or volume that can be
processed or transported.
 Certificate of Completion. A uniform certificate issued by a Training
Facility to a Licensee upon the satisfactory completion of a continuing
education curriculum.
 Chief. The Chief of Inspections – Mechanical of the Department of
Public Safety.
 Commissioner. The Commissioner of the Department of Public
Safety.

30. Definitions 520
CMR 6.00
 Compact Hoisting Machinery. Hoisting Machinery with a manufacturer’s
listed operating weight not exceeding 10,000 pounds.
 Company License. A License issued by a company that has a Department-approved
In-Service Training program and which is only valid for hoisting
on company property, and excluding excavating equipment.
 Company Property: Property which is owned or under the care and
control of a tenant company under a lease or rental agreement.
 Competent Person. One who is capable of identifying existing and
predictable hazards in the surroundings or working conditions which are
unsanitary, hazardous, or dangerous to employees, and who has
authorization to take prompt corrective measures to eliminate such
conditions.

31. Definitions 520
CMR 6.00
 Companies Operating Solely on Company Property: A company, including
rental companies, which operates Hoisting Machinery specifically limited to
industrial lift trucks, Fork Lifts, overhead cranes and other Hoisting
Machinery specifically authorized by the Department and used exclusively
on company property.
 Companies Operating Solely on Public Utility Property: Any company
which has equipment such as cranes, derricks and similar Hoisting
Machinery used solely on utility company property
 Fork Lift. A power-driven truck characterized by a prong or prongs
projecting from the vehicle’s front that enable the vehicle to lift, travel and
stack Cargo, not including palate jacks.. May also be referred to as a Fork
Lift truck, fork truck, or power industrial truck

32. .
Definitions 520
CMR 6.00
 Hoisting Machinery. Derricks, cableways, machinery used for
discharging Cargoes, temporary elevator cars used on excavation work or
used for hoisting building material, when the motive power to operate
such machinery is mechanical and other than steam including but not
limited to excavators, backhoes, front end loaders, uni-loaders, skid
loader, skid steer loaders, compact loaders or similar devices, lattice
cranes, derricks, cranes with or without wire rope, all Fork Lifts that have
the ability of exceeding any of the criteria listed in 520 CMR 6.01 (1)(b),
overhead bridge cranes, electric or air driven hoists, pendant controlled
hoists with a rating of 2 ton capacity or greater, specialty equipment as
categorized by License grade in this regulation.

33. Definitions 520
CMR 6.00
 Mechanical Failure. Major damage to Hoisting Machinery.
 Modification. Alterations, extensions or repairs made to Hoisting
Machinery which alter the machinery’s original structure.
 Operator’s Manual. The document created by the manufacturer of the
machinery that contains the required procedures and forms for the safe
operation of Hoisting Machinery at the stated site pertaining to that
specific equipment.
 Placard. Certificate posted on Hoisting Machinery which acts as a notice
of the unsafe condition of the machinery.
 S.A.E. The Society of Automotive Engineers.
 Serious Injury. A personal injury/illness that results in death,
dismemberment, significant disfigurement, permanent loss of the use of a
body organ, member, function, or system, a compound fracture, or other
significant injury/illness that requires immediate admission and overnight
hospitalization and observation by a licensed physician.

34. 520 CMR 6.08
 Operating Procedures for Hoisting Machinery
 All Hoisting Machinery shall be operated in accordance with the
manufacturer's specifications.
 Maintenance. Maintenance, repair and refueling shall be done when the
machine is inoperable and secure.
 Required Inspections. Visual inspection shall be made daily of wire ropes,
bearings, gears, friction clutches, brakes, chain drives and other parts
subject to wear on all Hoisting Machinery to ensure against development
of unsafe conditions. A daily log sheet in accordance with 29 CFR 1926
and 29 CFR 1910 inspectional methods shall be available to the
Department during the useful life of the machine.

35. 520 CMR 6.08
 Additional Requirements.
 A written and signed record of all inspections shall be kept with the
Hoisting Machinery and made available at the site for examination by the
Department that conforms with the requirements of 29 CFR 1926.1412.
 Prior to starting any Hoisting Machinery, the operator must make a
complete walk-around of the equipment to verify people are clear of the
equipment, and that it is in a safe condition.
 The operator shall not engage in any practice that will divert their attention
while engaged in operating the Hoisting Machinery.
 At no time shall the operator of Hoisting Machinery operate or be required
to operate the Hoisting Machinery beyond its rated capacity without the
manufacturer's written approval which shall include a new chart showing
the new limitations. Other than assembly/disassembly, the use of the load
moment indicator override key or the entering of false crane set-up criteria
to increase rated capacity is strictly forbidden.

36. 520 CMR 6.08
 The operator shall operate Hoisting Machinery only when fully attentive. The
operator shall not operate the equipment erratically and/or under the influence
of alcohol or drugs. When an operator is physically or mentally unfit, the
operator shall not operate Hoisting Machinery.
 Prior to operating Hoisting Machinery with a rotating superstructure, safety
procedures such as but not limited to the erection of barricades, warning lines
or other procedures shall be used to prevent entry into the swinging
superstructure's radius.
 All controls shall be tested by the operator prior to operating the Hoisting
Machinery. If any controls are found to be functioning improperly, repairs shall
be made in accordance with manufacturer's requirements prior to the operation
of the Hoisting Machinery.
 Operators shall respond only to signals given by a Signal Person except in
emergency situations.
 If a warning signal is furnished by the operator, it shall be sounded each time
before traveling, and intermittently during travel particularly when approaching
people.
 The operator shall be responsible for those operations under their direct
control. When there is any doubt as to the safety of any action, the operator
shall have the authority to stop and refuse to handle loads until safety has been
assured.

37. 520 CMR 6.08
 The operator is responsible for securing any unattended Hoisting
Machinery in accordance with applicable manufacturer's specifications.
 At no time shall persons work under a boom or a load suspended.
(except for cranes)
 All manufacturer's load charts and operation manuals shall be kept in
the Hoisting Machinery.
 All applicable power line clearances shall be maintained.
 Hoisting Machinery equipped with outriggers/stabilizers shall be used,
with adequate blocking, according to manufacturer's specifications or
surface conditions.
 Dig Safe. Prior to any excavation, Dig Safe and other utilities not
covered by Dig Safe must be notified. The operator must have a Dig Safe
permit number, start date, and time.

38. 520 CMR 6.09
 Equipment Modifications. Any Modification made to Hoisting
Machinery shall maintain at least the same factor of safety as the
original designed equipment.
 A record of the differences between the unmodified machinery
and the modified machinery shall be maintained by the owner of
the machinery

39. 520 CMR 6.09
 Protection of the operator.
 All windows in cabs shall be of safety glass, or equivalent, that
introduces no visible distortion that will interfere with the safe
operation of the machine

40. CLASS 4 -
SPECIALTY
 Operators may operate the equipment listed in 4(a)-(g) below:
 4A: 4B- 4G
 4B: Drill Rigs
 4C: Pipeline Side booms
 4D: Concrete Pumps
 4E: Catch Basin Cleaner
 4F: Sign Hanging Equipment
 4G: Specialty Lawn Mower

41. 520 CMR 6.11
 6.11: Operation of Hoisting Machinery; Accident Reporting
 Operators of Hoisting Machinery shall cease operating if ordered by the
Department to do so. Conditions which shall warrant immediate cessation
of operation may include but not limited to:
 Serious Injury; or Any condition that is necessary for the preservation
of the public health or safety as determined by the Inspector.
 Operators of Hoisting Machinery shall immediately surrender their
Hoisting License or Temporary Permit if ordered by the Department to
do so pursuant to M.G.L. 146, § 53.

42. 520 CMR 6.11
 Notification/Investigation.
 Notification. Any incident which results in Serious Injury, property damage, or
any condition that is necessary for the preservation of the public health or safety at
a site where Hoisting Machinery is operational must be reported by the Licensee
operating the Hoisting Machinery or owner or owner's representative to the
Department through the Department Incident Hotline at (508) 820-1444 within one
hour and a written report shall be submitted to the Department within 48 hours.
The Hoisting Machinery, operator, and owner of the Hoisting Machinery shall be
accessible to the Department.
 The Hoisting Machinery shall not be moved or dismantled from the site of the
incident until the Department has investigated the incident and approval is granted
by an Inspector. The only exception to this requirement is for preservation of life
and property, the removal of injured persons or bodies or to permit the flow of
emergency vehicles. The Hoisting Machinery and area surrounding the Hoisting
Machinery shall not be disturbed, cleaned, or altered in any way that will impede
the investigation..
 Investigation. In the event that an incident occurs the Hoisting Machinery shall be
immediately shut down and secured by the operator until an Inspector has
completed an investigation. No person shall move or alter the incident scene or the
Hoisting Machinery, except to remove the victim(s), until the Inspector has
completed the investigation and determined that the Hoisting Machinery is safe.

43. 520 CMR 6.11
 Suspension, Revocation, and Appeals of Licensing, Certification, and
Temporary Permitting
 If the Commissioner, Chief, or any Inspector determines that
circumstances indicate the denial or immediate suspension or revocation is
necessary for the preservation of the public health or safety, they may
deny, revoke or suspend depending on the severity of the offense.

44. 520 CMR 6.11
 Any License covered under 520 CMR 6.00 may be revoked or suspended
for the following reasons:
 (a) False or misleading information on application for examination or
License renewal.
 (b) Operating Hoisting Machinery under the influence of alcohol or drugs.
 (c) Failure to pay excise tax or other taxes.
 (d) Failure to report Accidents as required by the Department of Public
Safety.
 (e) Failure to report a Serious Injury as required by the Department of
Public Safety.
 (f) Operating in an unsafe manner

45. 520 CMR 6.11
 (g) Failure to comply with any provision of 520 CMR 6.00;
 (h) Failure to comply with 520 CMR 14.00: Excavation and Trench Safety.
 (i) Failure to comply with M.G.L. c. 146, §§ 53 through 56. (license laws)
 (j) The fraudulent or otherwise improper issuance of Temporary Permits.
 (k) The fraudulent or otherwise improper issuance of any Company
License.

46. 520 CMR 6.12
 A Licensee who feels wronged by the action
taken by the Commissioner, Chief or an
Inspector, in suspending or revoking their
License or Temporary Permit to operate may,
within one week, appeal the decision to the
Chief who shall appoint three Inspectors of
the Department, or himself and two
Inspectors, to act as a board of appeal. The
decision shall be final and may be appealed in
accordance with M.G.L. c. 30A. All hearings
will be held in accordance with M.G.L. c. 30A
and 801 CMR 1.02: Informal/Fair Hearing
Rules.

47. 520 CMR 6.13
 6.13: Variance Procedure
Variance. Any person who believes that full compliance with 520 CMR 6.00
is overly burdensome may apply to the Department for a variance. The
burden is on the applicant to demonstrate in writing to the Department
that the granting of the variance would not compromise public safety or
otherwise undermine the purpose of 520 CMR 6.00.
Upon receipt of an application for a variance, the Commissioner, or his or
her designee may:
 (a) Grant the application with whatever conditions are deemed
appropriate; or
 (b) Deny the application without a hearing;

48. 520 CMR 6.13
 If you are aggrieved with the outcome of the decision you may apply for a
hearing with the Department within 30 days of receipt of the decision.
 All hearings shall be held in accordance with the provisions of M.G.L. c.
30A and 801 CMR 1.02: Informal/Fair Hearing Rules.
 Any person aggrieved by a decision made after a hearing may appeal to the
Superior Court in accordance with M.G.L. c. 30A, § 14.

49. STOP!

50. Hand Signals

53. OSHA subpart
O
 For lines rated 50 kV or below, minimum clearance between the lines and
any part of the crane or load shall be 10 feet;
 For lines rated over 50 kV, minimum clearance between the lines and any
part of the crane or load shall be 10 feet plus 0.4 inch for each 1 kV over 50
kV, or twice the length of the line insulator, but never less than 10 feet;
 In transit with no load and boom lowered, the equipment clearance shall
be a minimum of 4 feet for voltages less than 50 kV, and 10 feet for
voltages over 50 kV, up to and including 345 kV, and 16 feet for voltages up
to and including 750 kV;

54. OSHA subpart
O
 A person shall be designated to observe clearance of equipment and give
timely warning for all operations where it is difficult for the operator to
maintain the desired clearance by visual means;
 Any overhead wire shall be considered to be an energized line unless and
until the person owning such line or the electrical utility authorities
indicate that it is not an energized line and it has been visibly grounded;

55. OSHA subpart
W
 Rollover protective structures and supporting attachment shall meet the
minimum performance criteria detailed in 1926.1001 and 1926.1002, as
applicable or shall be designed, fabricated, and installed in a manner
which will support, based on the ultimate strength of the metal, at least
two times the weight of the machine.

56. OSHA subpart
W
 The design shall provide a vertical clearance of at least 52 inches from the
work deck to the ROPS at the point of ingress or egress.
 Remounting. ROPS removed for any reason, shall be remounted with
equal quality, or better, bolts or welding as required for the original
mounting.
 Labeling. Each ROPS shall have the following information permanently
affixed to the structure:
 Manufacturer or fabricator's name and address;
 ROPS model number, if any;
 Machine make, model, or series number that the structure is designed to
fit.

57. MGL 82  Chapter 82 is the law that covers all layout, discontinuance,
relocation and specific repair of any public way.

58. MGL C82 SS40
(public utility
companies)
Definitions
 “Company”, natural gas pipeline company, petroleum or petroleum
products pipeline company, public utility company, cable television
company, and municipal utility company or department that supply gas,
electricity, telephone, communication or cable television services or private
water companies within the city or town where such excavation is to be
made.
 “Description of excavation location”, such description shall include the
name of the city or town, street, way, or route number where appropriate,
the name of the streets at the nearest intersection to the excavation, the
number of the buildings closest to the excavation or any other description,
including landmarks, utility pole numbers or other information which will
accurately define the location of the excavation.
 “Emergency”, a condition in which the safety of the public is in imminent
danger, such as a threat to life or health or where immediate correction is
required to maintain or restore essential public utility service
 “Excavation”, an operation for the purpose of movement or removal of
earth, rock or the materials in the ground including, but not limited to,
digging, blasting, auguring, backfilling, test boring, drilling, pile driving,
grading, plowing in, hammering, pulling in, jacking in, trenching, tunneling
and demolition of structures, excluding excavation by tools manipulated only
by human power for gardening purposes and use of blasting for quarrying
purposes

59. MGL C82
SS40E
 Section 40E. Any person or company found after a hearing, to
have violated any provision of sections 40A to 40E, shall be
fined $1,000 for the first offense and not less than $5,000 nor
more than $10,000 for any subsequent offense within 12
consecutive months.

60. MGL C82A
Trench permits
 An excavator shall not leave an open trench unattended without first
making reasonable effort to eliminate any recognized safety hazard that
may exist as a result of leaving the open trench unattended.
 Any fines collected by the department of public safety or the
department of labor and workforce development shall be available by
those departments in an amount not to exceed $100,000 during each
fiscal year for the sole purpose of providing construction safety training
for licensed operators of hoisting equipment, police department
officials, fire department officials and building officials.

61. MGL C82A
Trench
permits.
 Each city or town must designate 1 board or officer to issue permits for
the excavation of trenches on privately owned land and for the
excavation of a public way of a city or town.
 The permits, when issued, shall include a summary of sections 40 to
40D,and a summary of regulations relative to chapter 146.
 A person making application for a trench excavation permit shall
produce a certificate of insurance with general liability coverage of
$100,000 per person and $300,000 per claim or provide evidence of self-insurance
in equal amounts.
 The local permitting authority may charge a reasonable fee to cover the
administrative costs of the trench excavation permitting process.
Companies or firm that have already paid a fee for an excavation permit
on a public way of a city or town shall not be responsible for paying an
additional fee for the same excavation.

62. MGL C82A
Trench permits
 Each town may issue trench permits on what ever from they choose so
long as they include the following statements.
 (1) A trench shall not be excavated unless the requirements of sections
40 to 40D, inclusive, of chapter 82, and any accompanying regulations,
have been met and this permit is invalid unless the requirements have
been complied with by the excavator applying for the permit including,
but not limited to, the establishment of a valid excavation number with
the underground plant damage prevention system as provided in
section 76D of chapter 164

63. MGL 164 76D
(why we have
Dig Safe)
 All natural gas pipeline companies, cable television companies, steam
distribution companies and public utility companies, shall create,
participate in and be responsible for the administration of a utility
underground plant damage prevention system.
 (we call this dig safe)
 This system shall be operated during normal business hours each day of
the year, exclusive of Saturdays, Sundays and legal holidays, for the
purpose of receiving notices of proposed excavations.
 This system shall be responsible, upon receipt of such notices, for
immediately notifying these companies where such excavation is to take
place.

64. 220 CMR 99.00
 Standard Color-coded Markings: The following colored code shall
be used for the placement of marks:
 Red - electric power lines, cables, conduit or light cables;
 Yellow - gas, oil, petroleum, steam or other gaseous materials;
 Orange - communications cables or conduit, alarm or signal lines;
 Blue - water, irrigation and slurry lines;
 Green - sewer and drain lines;
 White - premark of proposed excavation.

65. 220 CMR 99.00
 Each company shall establish standard operating procedures to identify
the location of its respective underground facilities as soon as practicable
after receiving notification of an emergency excavation whether or not
the excavation has begun.
 Circumstances requiring emergency excavation shall not excuse the
excavator from the requirement to use all reasonable means to avoid
damage to an underground facility.
 Emergency Dig Safe markings are invalid after the cessation of the
emergency. Further excavation at the location shall require notice as set
forth in 220 CMR 99.04(1) and premarking.

66. 220 CMR 99.00
 99.07
 Notice Of Probable Violation: Commencement Of Enforcement
Proceedings
 The Department may begin a proceeding by issuing a notice of probable
violation (NOPV) if the Department has reason to believe that a violation
of M.G.L. c. 82, §§ 40 through 40E, has occurred or is occurring. The
NOPV shall state the factual basis for the allegation of a violation and
the amount of the civil penalty which may be assessed against the
person (respondent) served.
 If the Department finds that the violation has occurred. The NOPV shall
state that the respondent has a right to reply in writing to the NOPV or
to appear at an informal conference with the Department on a
designated day which is at least 21 days from the date of the NOPV.

67. 220 CMR 99.00
Any written reply must be filed with the Department on or before the day
scheduled for the informal conference. It must include a complete
statement of all relevant facts and authority, and full description of the
reasons that the respondent disputes the violation alleged in the NOPV.
If the respondent or the respondent's representative fails, without good
cause, either to file a written reply or to appear at the informal conference,
the respondent shall be deemed to have admitted the accuracy of the
factual allegations and legal conclusions stated in the NOPV, and the
respondent shall be held liable to pay the civil penalty designated in the
NOPV through the issuance of a remedial order pursuant to 220 CMR 99.10.

68. 220 CMR 99.00
An informal review shall be conducted by an investigator designated by the
Commission. The informal review shall consist of an informal conference, if
the respondent has chosen this option under 220 CMR 99.07, or an analysis
of the respondent's written reply.
At the informal conference, the respondent shall have the right to be
represented by an attorney or other person, and shall have the right to
present relevant documents to the investigator.
The investigator shall make available to the respondent any evidence which
indicates that the respondent may have violated M.G.L. c. 82, §§ 40 through
40E, and the respondent or the respondent's representative shall have the
opportunity to rebut this evidence.

69. 220 CMR 99.00
 If the Department finds that a violation has occurred or is continuing, it
may issue a, remedial order.
 A remedial order issued by the Department under 220 CMR 99.10 shall
be effective upon issuance, in accordance with its terms, unless stayed,
suspended, modified or rescinded.
 If the respondent fails either to appeal a remedial order to the Supreme
Judicial Court or to comply fully with the order within 20 days, the
Department may refer the case to the Attorney. General with a request
that an action be brought in the Superior Court to seek appropriate
relief, including, but not limited to, collection of assessed penalties.

70. 220 CMR 99.00
 Notwithstanding any other provision to the contrary, the Department
may at any time resolve an outstanding enforcement issue with a
consent order.
 A consent order must be signed by the person to whom it is issued, or a
duly authorized representative, and must indicate agreement with the
terms therein. A consent order need not constitute an admission by any
person that a violation has occurred.
 A consent order is a final order of the Department, having the same
force and effect as a remedial order issued pursuant to 220 CMR 99.10.
 A consent order shall not be appealable by the respondent and shall
include an express waiver of appeal or judicial review rights that might
otherwise attach to a final order of the Department

71. FAQ’s?
 Is there any exemption to the D.O.T. medical certificate?
 No. no one is exempt, not even DPW’s
 Do I need a license to operate on my own property?
 Yes, unless you have a temporary permit from a rental company.
 Do I need a license for agricultural operation?
 No.

72. Hoist the
Colors
 At this point you have all completed your contractual agreement
for hoisting CEU’s
 Please rise stretch your legs and come forth to receive your
certificates