AR 87/2002 BOOM TRUCK OPERATOR EXCEPTION REGULATION (Consolidated up to 68/2013)
ALBERTA REGULATION 87/2002
Apprenticeship and Industry Training Act
BOOM TRUCK OPERATOR EXCEPTION REGULATION
Table of Contents
                1       Interpretation
Exception
                2       Exception re boom truck craft
Provisions of Boom Truck Services
                3       Conditions
                4       Supervision
                5       Identification card Training
                6       Establishment and operation of training programs
                7       Administration re approved training programs
Expiry and Coming into Force
                8       Expiry
                9       Coming into force
Interpretation
1(1)  In this Regulation,
                                 (a)    “approved training program” means a training program that is established under section 6;
                                 (b)    “boom truck craft” means the boom truck craft of the boom truck branch of the trade;
                                 (c)    “electric utility” means an electric utility as defined in the Electric Utilities Act and includes a corporation that is not an electric utility under the Electric Utilities Act but that operates a distribution system to distribute electricity to its customers or to the public;
                              (c.1)    “heavy boom truck craft” means the heavy boom truck craft of the boom truck branch of the trade as it existed under the Crane and Hoisting Equipment Operator Trade Regulation (AR 272/2000) immediately before July 15, 2005;
                                 (d)    “identification card” means, in respect of an approved training program, documentation indicating that
                                           (i)    the person to whom the documentation was issued has successfully completed an approved training program, or
                                          (ii)    in the case of a trainee, that the person is participating in an approved training program;
                                 (e)    “industrial enterprise” means a corporation, other than an electric utility, that is engaged in industrial activities;
                                 (f)    “medium boom truck” means a truck that is equipped with a hydraulically driven structure or device that
                                           (i)    is mounted on a turret that is affixed to the truck,
                                          (ii)    is supported to provide mobility, and
                                         (iii)    is equipped with
                                                  (A)    a boom that is capable of swinging, hoisting and booming up and down and that has a lifting capacity greater than 5 tons (4.5 tonnes) and less than 20 tons (18.0 tonnes),
                                                  (B)    a telescoping boom that has a lifting capacity greater than 5 tons (4.5 tonnes) and less than 20 tons (18.0 tonnes),
                                                  (C)    an articulating boom possessing live lines that has a lifting capacity greater than 5 tons (4.5 tonnes) and less than 20 tons (18.0 tonnes), or
                                                  (D)    an articulating boom without live lines that has a lifting capacity greater than 8 tons (7.3 tonnes) and less than 20 tons (18.0 tonnes);
                                 (g)    “medium boom truck craft” means the medium boom truck craft of the boom truck branch of the trade as it existed under the Crane and Hoisting Equipment Operator Trade Regulation (AR 272/2000) immediately before July 15, 2005;
                                 (h)    “provincial apprenticeship committee” means the provincial apprenticeship committee for the trade;
                                  (i)    “qualified person” means a person who has successfully completed an approved training program;
                                  (j)    “trade” means the occupation of crane and hoisting equipment operator that is designated as a compulsory certification trade pursuant to the Apprenticeship and Industry Training Act;
                                 (k)    “trainee” means a person who is engaged in an approved training program but has not yet successfully completed that program;
                                  (l)    “truck” means a truck that is equipped with a deck for carrying loads or a fifth wheel for pulling loads or with both a deck and a fifth wheel.
(2)  A reference in this Regulation,
                                 (a)    to tasks, activities and functions in the undertakings that constitute the boom truck craft is a reference to the tasks, activities and functions in the undertakings that constitute the boom truck craft as provided for under the Crane and Hoisting Equipment Operator Trade Regulation (AR 272/2000);
                                 (b)    to boom truck services is a reference to the carrying out of tasks, activities and functions in the undertakings that constitute the boom truck craft as they relate to the operation, testing and servicing of medium boom trucks;
                                 (c)    to an electric utility includes a reference to a corporation that under contract provides general maintenance, construction or similar services to the electric utility;
                                 (d)    to an industrial enterprise includes a reference to a corporation that under contract provides general maintenance, construction or similar services to the industrial enterprise.
AR 87/2002 s1;132/2005
Exception
Exception re boom truck craft
2   Even though a person is not otherwise permitted under the Apprenticeship and Industry Training Act to work in the boom truck craft, a person may carry out the tasks, activities and functions in the undertakings that constitute the boom truck craft where that person meets the requirements of and complies with this Regulation.
AR 87/2002 s2;132/2005
Provision of Boom Truck Services
Conditions
3   A person may carry out boom truck services under this Regulation only if the following conditions are met:
                                 (a)    that person is a qualified person or trainee;
                                 (b)    the boom truck services are carried out for the electric utility or industrial enterprise that provided or is providing that person with training under an approved training program;
                                 (c)    the boom truck services are carried out in connection with the operations of the electric utility or the industrial enterprise referred to in clause (b);
                                 (d)    in the case of an industrial enterprise, the boom truck services are carried out only on the property on which the industrial operations of the industrial enterprise are located;
                                 (e)    the boom truck used to carry out the boom truck services is a medium boom truck.
Supervision
4   Where a person is a trainee, that person may carry out boom truck services if those services are carried out under the supervision of a person who
                                 (a)    is a qualified person, or
                                 (b)    holds a trade certificate in the mobile crane branch, the boom truck craft, the heavy boom truck craft or medium boom truck craft of the boom truck branch of the trade.
AR 87/2002 s4;132/2005
Identification card
5(1)  A qualified person or trainee may only carry out boom truck services if that person has been issued an identification card and is able to produce it on request.
(2)  When a person to whom an identification card has been issued has been requested by
                                 (a)    the provincial apprenticeship committee or the Executive Director, or any person acting on their behalf, or
                                 (b)    an officer under the Occupational Health and Safety Act,
to produce that identification card, that person must produce the identification card for inspection by the person making the request.
Training
Establishment and operation of training programs
6(1)  With the approval of the provincial apprenticeship committee, an electric utility or industrial enterprise may establish and operate a training program in respect of the boom truck craft for the purposes of providing training in the operation, testing and servicing of medium boom trucks to employees of that electric utility or industrial enterprise.
(2)  The provincial apprenticeship committee may at any time rescind its approval with respect to a training program established under this section and on that approval being rescinded
                                 (a)    the program ceases to be an approved training program, and
                                 (b)    the provider of the program must cease offering the program for the purposes of this Regulation.
(3)  Nothing in subsection (2) is to be construed so as to affect any person who has successfully completed a training program referred to in subsection (2) prior to the approval being rescinded.
(4)  Notwithstanding anything in this section, an electric utility or industrial enterprise may retain the services of another person to provide an approved training program on behalf of or for the benefit of the electric utility or industrial enterprise.
AR 87/2002 s6;132/2005;212/2005
Administration re approved training program
7(1)  In this section, “training organization” means any electric utility, industrial enterprise or other person that provides an approved training program.
(2)  Without the prior approval of the provincial apprenticeship committee, a training organization shall not do any of the following:
                                 (a)    alter the content of an approved training program;
                                 (b)    take over the administration or operation, or both, of an approved training program from another training organization;
                                 (c)    take over the training of a trainee from another training organization.
Expiry and Coming into Force
Expiry
8   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, 2016.
AR 87/2002 s8;394/2003;83/2008;68/2013
Coming into force
9   This Regulation comes into force on July 1, 2002.