Crane and Hoisting Equipment Operator Trade Regulation

Link to law: http://www.qp.alberta.ca/1266.cfm?page=2000_272.cfm&leg_type=Regs&isbncln=9780779774920&display=html
Published: 2013

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AR 272/2000 CRANE AND HOISTING EQUIPMENT OPERATOR TRADE REGULATION (Consolidated up to 69/2013)
ALBERTA REGULATION 272/2000
Apprenticeship and Industry Training Act
CRANE AND HOISTING EQUIPMENT OPERATOR TRADE REGULATION
Table of Contents
                1       Definitions
Part 1 General Matters Respecting the Trade
                2       Constitution of the trade
                3       Tasks, activities and functions
                4       Supervision, etc., of apprentices
Part 2 Mobile Crane Branch of the Trade
                5       Definitions
Trade Matters Respecting the Branch
                6       Undertakings constituting the branch
                7       Tasks, activities and functions Apprenticeship
                8       Term of the apprenticeship program - mobile cranes
                9       Employment of apprentices
              10       Wages
              11       Trade certificates re mobile crane crafts
Part 3 Tower Crane Branch of the Trade
              12       Definition
Trade Matters Respecting the Branch
              13       Undertakings constituting the branch
              14       Tasks, activities and functions
Apprenticeship
              15       Term of the apprenticeship program - tower cranes
              16       Employment of apprentices
              17       Wages
Part 4 Boom Truck Branch of the Trade
              18       Definitions
Trade Matters Respecting the Branch
              19       Undertakings constituting the branch
              20       Tasks, activities and functions
Apprenticeship
              21       Term of the apprenticeship program - boom trucks
              22       Employment of apprentices re boom truck craft
              24       Employment of apprentices re wellhead boom truck craft
              25       Wages
Part 5 Transitional Provisions, Repeals, Expiry and Coming into Force
              27       Apprenticeship continues
              31       Repeal
              32       Expiry
              33       Coming into force
Definitions
1   In this Regulation,
                                 (a)    “apprentice” means a person who is an apprentice in the trade;
                                 (b)    “boom truck” means a boom truck as defined in Part 4;
                                 (c)    “certified journeyperson” means a certified journeyperson as defined in the Apprenticeship Program Regulation;
                                 (d)    “conventional mobile crane” means a conventional mobile crane as defined in Part 2;
                                 (e)    “crane and hoisting equipment” means a boom truck, mobile crane or tower crane, but does not include
                                           (i)    an overhead bridge-type crane that operates on a fixed runway;
                                          (ii)    a crane that meets the requirements of and is operated in accordance with the Canada Labour Code and the regulations under that Code;
                                         (iii)    a crane that is used exclusively for raising, lowering and towing motor vehicles;
                                         (iv)    a crane that is mounted on a motor vehicle that is used exclusively for fire fighting;
                                          (v)    a machine, commonly known as a side-boom, that is used for pipeline work to lower pipes into a trench;
                                         (vi)    an aerial device that is commonly known as a personnel lift or personnel hoist;
                                        (vii)    a machine used for drilling holes or installing poles;
                                       (viii)    earth moving equipment;
                                         (ix)    a crane that is operated at a mine site and that meets the requirements of and is operated in accordance with the Occupational Health and Safety Act and the regulations under that Act;
                                 (f)    repealed AR 129/2005 s2;
                                 (g)    “hydraulic mobile crane” means a hydraulic mobile crane as defined in Part 2;
                              (g.1)    “lifting capacity” means the highest capacity at the shortest lifting radius, as defined by the capacity chart for the mobile crane, tower crane or boom truck;
                                 (h)    repealed AR 129/2005 s2;
                                  (i)    “mobile crane” means a mobile crane as defined in Part 2;
                                  (j)    “technical training” means technical training as defined in the Apprenticeship Program Regulation;
                                 (k)    “tower crane” means a tower crane as defined in Part 3;
                                  (l)    “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;
                               (m)    “wellhead boom truck” means a wellhead boom truck as defined in Part 4.
AR 272/2000 s1;137/2004;129/2005;270/2006
Part 1 General Matters Respecting the Trade
Constitution of the trade
2(1)  The undertakings set out in sections  6, 13 and 19 constitute the trade.
(2)  The trade is made up of the following:
                                 (a)    the mobile crane branch of the trade consisting of 2 crafts being
                                           (i)    the hydraulic mobile crane craft, and
                                          (ii)    the conventional mobile crane craft;
                                 (b)    the tower crane branch of the trade;
                                 (c)    the boom truck branch of the trade consisting of 2 crafts being
                                           (i)    the boom truck craft, and
                                          (ii)    repealed AR 129/2005 s3,
                                         (iii)    the wellhead boom truck craft.
(3)  Notwithstanding subsection (1), the installation or repairing of crane and hoisting equipment by persons other than the operators of crane and hoisting equipment are matters that do not constitute undertakings that come within the trade.
AR 272/2000 s2;129/2005
Tasks, activities and functions
3   When practising or otherwise carrying out work in the trade, the tasks, activities and functions set out in sections 7, 14 and 20 come within the trade.
Supervision, etc., of apprentices
4(1)  Where, in respect of a branch or craft in the trade, a person is a certified journeyperson and is to provide supervision to an apprentice, that journeyperson is eligible to supervise that apprentice only
                                 (a)    in respect of the undertakings that constitute that branch or craft, and
                                 (b)    in respect of tasks, activities and functions that come within that branch or craft,
for which that person is a certified journeyperson.
(2)  Where a person is an apprentice in an apprenticeship program in a branch or craft in the trade and is employed in respect of another branch or craft in the trade, that apprentice is eligible to carry out work only
                                 (a)    in respect of the undertakings that constitute that branch or craft, and
                                 (b)    in respect of tasks, activities and functions that come within that branch or craft,
for which that person is an apprentice.
AR 272/2000 s4;270/2006
Part 2 Mobile Crane Branch of the Trade
Definitions
5   In this Part,
                                 (a)    “conventional mobile crane” means any mechanical device or structure that
                                           (i)    incorporates a friction driven drum and cable or rope used for raising, lowering or moving material,
                                          (ii)    is equipped with a lattice boom capable of moving in the vertical plane,
                                         (iii)    is mounted on a base or chassis, either crawler or wheel mounted, to provide mobility,
                                         (iv)    incorporates a sliding gantry with a ring assembly or a strand jacking system to hoist, and
                                          (v)    has a lifting capacity of 15 tons (13.6 tonnes) or greater;
                                 (b)    “hydraulic mobile crane” means any hydraulically driven hoisting device or structure that
                                           (i)    incorporates a hydraulic driven drum and cable or rope used for raising, lowering or moving material,
                                          (ii)    is equipped with a telescoping boom capable of moving in the vertical plane,
                                         (iii)    is mounted on a base or chassis, either crawler or wheel mounted, to provide mobility, and
                                         (iv)    has a lifting capacity of 15 tons (13.6 tonnes) or greater;
                                 (c)    “mobile crane” means a conventional mobile crane or a hydraulic mobile crane.
AR 272/2000 s5;137/2004
Trade Matters Respecting the Branch
Undertakings constituting the branch
6(1)  Subject to subsection (2), the operation, testing and servicing of mobile cranes, tower cranes and boom trucks are the undertakings that constitute the mobile crane branch of the trade.
(2)  The operation, testing and servicing
                                 (a)    of hydraulic mobile cranes, tower cranes and boom trucks are the undertakings that constitute the hydraulic mobile crane craft, and
                                 (b)    of conventional mobile cranes, tower cranes and boom trucks are the undertakings that constitute the conventional mobile crane craft.
AR 272/2000 s6;137/2004
Tasks, activities and functions
7   When practising or otherwise carrying out work in a craft in the mobile crane branch of the trade, the following tasks, activities and functions come within that craft:
                                 (a)    using hand tools, power tools and specialized equipment while maintaining and operating cranes and hoisting equipment;
                                 (b)    recognizing and identifying malfunctions relating to cranes and hoisting equipment or their operation and the proper procedures related thereto;
                                 (c)    recognizing and identifying conditions that are potentially hazardous to safe machine operation;
                                 (d)    interpreting and applying visual and audio communications;
                                 (e)    communicating with management, signallers and riggers using visual and audio systems;
                                 (f)    inspecting and maintaining cranes and hoisting equipment;
                                 (g)    performing rigging;
                                 (h)    carrying out pre-lift planning and pre‑lift tasks when preparing for lifts;
                                  (i)    assembling cranes and hoisting equipment for lifts;
                                  (j)    disassembling cranes for transport.
Apprenticeship
Term of the apprenticeship program ‑ mobile cranes
8(1)  Subject to credit for previous training or experience being granted pursuant to an order of the Board, the term of an apprenticeship program for the mobile crane branch of the trade is 3 periods of not less than 12 months each.
(2)  In the  first period of the apprenticeship program an apprentice must acquire not less than 1500 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
(3)  In the 2nd period of the apprenticeship program an apprentice must acquire not less than 1500 hours of on the job training.
(4)  In the 3rd period of the apprenticeship program an apprentice must acquire not less than 1500 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
Employment of apprentices
9(1)  Where, with respect to the employment of apprentices in the mobile crane branch of the trade, a person employs an apprentice, that employment must be carried out in accordance with this section.
(2)  Subject to subsection (2.1), a person who is a certified journeyperson or employs a certified journeyperson in the mobile crane branch of the trade may employ 2 apprentices in that branch of the trade and 2 additional apprentices in that branch for each additional certified journeyperson in that branch that is employed by that person.
(2.1)  Subsection (2) does not apply to an apprentice who is engaged in an apprenticeship program in the mobile crane branch of the trade and has completed all the requirements required or approved by the Board for advancement into the 3rd period of that apprenticeship program.
(3)  For the purposes of subsection (2), a person who is a certified journeyperson in the mobile crane branch of the trade or employs a certified journeyperson in that branch, instead of employing an apprentice in an apprenticeship program in the mobile crane branch of the trade, may do one or more of the following:
                                 (a)    employ an apprentice in an apprenticeship program in the tower crane branch of the trade to carry out any of the undertakings that constitute that branch;
                                 (b)    employ an apprentice in an apprenticeship program in the boom truck craft of the boom truck branch of the trade to carry out any of the undertakings that constitute the boom truck craft or the wellhead boom truck craft;
                                 (c)    repealed AR 129/2005 s4;
                                 (d)    employ an apprentice in an apprenticeship program in the wellhead boom truck craft of the boom truck branch of the trade to carry out any of the undertakings that constitute that craft.
AR 272/2000 s9;137/2004;129/2005;102/2006;270/2006;1/2011
Wages
10(1)  With respect to the payment of wages to an apprentice in an apprenticeship program in the mobile crane branch of the trade, a person shall not, subject to the Apprenticeship Program Regulation, pay wages to an apprentice that are less than those provided for under subsection (2).
(2)  Subject to the Employment Standards Code, a person employing an apprentice referred to in subsection (1) must pay wages to the apprentice that are at least equal to the following percentages of the wages paid to employees who are certified journeypersons in that branch of the trade:
                                 (a)    70% in the first period of the apprenticeship program;
                                 (b)    80% in the 2nd period of the apprenticeship program;
                                 (c)    90% in the 3rd period of the apprenticeship program.
(3)  In the case of an apprentice in an apprenticeship program in the tower crane branch of the trade, a person employing an apprentice pursuant to section 9(3) shall not pay wages to an apprentice that are less than those provided for under section 17.
(4)  In the case of an apprentice in an apprenticeship program in the boom truck branch of the trade, a person employing an apprentice pursuant to section 9(3) shall not pay wages to an apprentice that are less than those provided for under section 25.
AR 272/2000 s10;137/2004;270/2006
Trade certificates re mobile crane crafts
11   Even though an apprentice has not qualified to be granted a trade certificate in the mobile crane branch of the trade whereby the apprentice is qualified in both the hydraulic mobile crane craft and the conventional mobile crane craft, an apprentice is eligible to be granted
                                 (a)    a trade certificate in the hydraulic mobile crane craft of the mobile crane branch of the trade if
                                           (i)    the apprentice has completed the apprenticeship program in the mobile crane branch of the trade and has successfully completed an examination as it relates to the hydraulic mobile crane craft, or
                                          (ii)    the apprentice has successfully met the requirements established, approved or otherwise recognized by the Board in respect of the hydraulic mobile crane craft,
                                     or
                                 (b)    a trade certificate in the conventional mobile crane craft of the mobile crane branch of the trade if
                                           (i)    the apprentice has completed the apprenticeship program in the mobile crane branch of the trade and has successfully completed an examination as it relates to the conventional mobile crane craft, or
                                          (ii)    the apprentice has successfully met the requirements established, approved or otherwise recognized by the Board in respect of the conventional mobile crane craft.
Part 3 Tower Crane Branch of the Trade
Definition
12   In this Part, “tower crane” means any mechanical device or structure that
                                 (a)    is designed to incorporate a power driven drum and cable or rope and a vertical mast or tower and a jib,
                                 (b)    is of the travelling, fixed, climbing or self‑erecting type, and
                                 (c)    is used exclusively for raising, lowering or moving material.
AR 272/2000 s12;137/2004
Trade Matters Respecting the Branch
Undertakings constituting the branch
13   The operation, testing and servicing of tower cranes are the undertakings that constitute the tower crane branch of the trade.
Tasks, activities and functions
14   When practising or otherwise carrying out work in the tower crane branch of the trade, the following tasks, activities and functions come within that branch:
                                 (a)    using hand tools, power tools and specialized equipment while maintaining and operating cranes and hoisting equipment;
                                 (b)    recognizing and identifying malfunctions relating to cranes and hoisting equipment or their operation and the proper procedures related thereto;
                                 (c)    recognizing and identifying conditions that are potentially hazardous to safe machine operation;
                                 (d)    interpreting and applying visual and audio communications;
                                 (e)    communicating with management, signallers and riggers using visual and audio systems;
                                 (f)    inspecting and maintaining cranes and hoisting equipment;
                                 (g)    performing rigging;
                                 (h)    carrying out pre-lift planning and pre‑lift tasks when preparing for lifts;
                                  (i)    assembling cranes and hoisting equipment for lifts;
                                  (j)    disassembling cranes for transport.
Apprenticeship
Term of the apprenticeship program - tower cranes
15(1)  Subject to credit for previous training or experience being granted pursuant to an order of the Board, the term of an apprenticeship program for the tower crane branch of the trade is 2 periods of not less than 12 months each.
(2)  In the first period of the apprenticeship program an apprentice must acquire not less than 1000 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
(3)  In the 2nd period of the apprenticeship program an apprentice must acquire not less than 1000 hours of on the job training.
Employment of apprentices
16(1)  Where, with respect to the employment of apprentices in the tower crane branch of the trade, a person employs an apprentice, that employment must be carried out in accordance with this section.
(2)  A person who is a certified journeyperson or employs a certified journeyperson in the tower crane branch of the trade may employ 2 apprentices and 2 additional apprentices in that branch of the trade for each additional certified journeyperson in that branch that is employed by that person.
AR 272/2000 s16;270/2006;1/2011
Wages
17(1)  With respect to the payment of wages to an apprentice in an apprenticeship program in the tower crane branch of the trade, a person shall not, subject to the Apprenticeship Program Regulation, pay wages to an apprentice that are less than those provided for under subsection (2).
(2)  Subject to the Employment Standards Code, a person employing an apprentice referred to in subsection (1) must pay wages to the apprentice that are at least equal to the following percentages of the wages paid to employees who are certified journeypersons in that branch of the trade:
                                 (a)    70% in the first period of the apprenticeship program;
                                 (b)    85% in the 2nd period of the apprenticeship program.
AR 272/2000 s17;270/2006
Part 4 Boom Truck Branch of the Trade
Definitions
18   In this Part,
                                 (a)    “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 45 tons (40.8 tonnes),
                                                  (B)    a telescoping boom that has a lifting capacity greater than 5 tons (4.5 tonnes) and less than 45 tons (40.8 tonnes),
                                                  (C)    an articulating boom possessing live lines that has a lifting capacity greater than 5 tons (4.5 tonnes) and less than 45 tons (40.8 tonnes), or
                                                  (D)    an articulating boom without live lines that has a lifting capacity greater than 8 tons (7.3 tonnes) and less than 45 tons (40.8 tonnes);
                          (b), (c)    repealed AR 129/2005 s5;
                                 (d)    “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;
                                 (e)    “wellhead boom truck” means a boom truck that is used for one or more of the following:
                                           (i)    wellhead pumping operations;
                                          (ii)    wireline operations;
                                         (iii)    perforating operations;
                                         (iv)    coiled tubing operations;
                                          (v)    snubbing operations;
                                         (vi)    the rig‑up and rig‑out of slant service rigs.
AR 272/2000 s18;137/2004;129/2005
Trade Matters Respecting the Branch
Undertakings constituting the branch
19(1)  Subject to subsection (2), the operation, testing and servicing of boom trucks and tower cranes are the undertakings that constitute the boom truck branch of the trade.
(2)  The operation, testing and servicing
                                 (a)    of boom trucks, wellhead boom trucks and tower cranes are the undertakings that constitute the boom truck craft;
                                 (b)    repealed AR 129/2005 s6;
                                 (c)    of wellhead boom trucks are the undertakings that constitute the wellhead boom truck craft.
AR 272/2000 s19;34/2005;129/2005
Tasks, activities and functions
20   When practising or otherwise carrying out work in a craft in the boom truck branch of the trade, the following tasks, activities and functions come within that craft:
                                 (a)    using hand tools, power tools and specialized equipment while maintaining and operating cranes and hoisting equipment;
                                 (b)    recognizing and identifying malfunctions relating to cranes and hoisting equipment or their operation and the proper procedures related thereto;
                                 (c)    recognizing and identifying conditions that are potentially hazardous to safe machine operation;
                                 (d)    interpreting and applying visual and audio communications;
                                 (e)    communicating with management, signallers and riggers using visual and audio systems;
                                 (f)    inspecting and maintaining cranes and hoisting equipment;
                                 (g)    performing rigging;
                                 (h)    carrying out pre-lift planning and pre‑lift tasks when preparing for lifts;
                                  (i)    assembling cranes and hoisting equipment for lifts;
                                  (j)    disassembling cranes for transport.
20.1   Repealed AR 182/2010 s2.
Apprenticeship
Term of the apprenticeship program - boom trucks
21(1)  Subject to credit for previous training or experience being granted pursuant to an order of the Board, the term of an apprenticeship program for the boom truck branch of the trade,
                                 (a)    repealed AR 129/2005 s8,
                                 (b)    in the case of the boom truck craft, is one period of not less than 12 months, and
                                 (c)    in the case of the wellhead boom truck craft, is one period of not less than 12 months.
(2)  Repealed AR 129/2005 s8.
(3)  In the case of the boom truck craft, in the period that constitutes the apprenticeship program an apprentice must acquire not less than 1200 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
(4)  In the case of the wellhead boom truck craft, in the period that constitutes the apprenticeship program an apprentice must acquire not less than 100 hours of on the job training and successfully complete the technical training that is required or approved by the Board.
AR 272/2000 s21;129/2005
Employment of apprentices re boom truck craft
22(1)  Where, with respect to the employment of apprentices in the boom truck craft of the trade, a person employs an apprentice, that employment must be carried out in accordance with this section.
(2)  A person who is a certified journeyperson in the boom truck craft of the boom truck branch of the trade or employs a certified journeyperson in that craft may employ 2 apprentices in that craft and 2 additional apprentices in that craft for each additional certified journeyperson in that craft that is employed by that person.
(3)  For the purposes of subsection (2), a person who is a certified journeyperson in the boom truck craft or employs a certified journeyperson in that craft, instead of employing an apprentice in an apprenticeship program in the boom truck craft of the boom truck branch of the trade, may do one or more of the following:
                                 (a)    employ an apprentice in an apprenticeship program in the mobile crane branch of the trade to carry out any of the undertakings that constitute the boom truck craft or the wellhead boom truck craft;
                                 (b)    repealed AR 129/2005 s9;
                                 (c)    employ an apprentice in an apprenticeship program in the wellhead boom truck craft to carry out any of the undertakings that constitute that craft;
                                 (d)    employ an apprentice in an apprenticeship program in the tower crane branch of the trade to carry out any of the undertakings that constitute that branch.
AR 272/2000 s22;34/2005;129/2005;270/2006;1/2011
23   Repealed AR 129/2005 s10.
Employment of apprentices re wellhead boom truck craft
24(1)  Where, with respect to the employment of apprentices in the wellhead boom truck craft of the trade, a person employs an apprentice, that employment must be carried out in accordance with this section.
(2)  A person who is a certified journeyperson in the wellhead boom truck craft of the boom truck branch of the trade or employs a certified journeyperson in that craft may employ 2 apprentices in that craft and 2 additional apprentices in that craft for each additional certified journeyperson in that craft that is employed by that person.
(3)  For the purposes of subsection (2), a person who is a certified journeyperson in the wellhead boom truck craft of the boom truck branch of the trade or employs a certified journeyperson in that craft, instead of employing an apprentice in an apprenticeship program in the wellhead boom truck craft, may do one or more of the following:
                                 (a)    employ an apprentice in an apprenticeship program in the mobile crane branch of the trade to carry out any of the undertakings that constitute the wellhead boom truck craft;
                                 (b)    employ an apprentice in an apprenticeship program in the boom truck craft to carry out any of the undertakings that constitute the wellhead boom truck craft.
AR 272/2000 s24;129/2005;270/2006;1/2011
Wages
25(1)  With respect to the payment of wages to an apprentice in an apprenticeship program in the boom truck craft of the boom truck branch of the trade, a person shall not, subject to the Apprenticeship Program Regulation, pay wages to an apprentice that are less than those provided for under subsection (2).
(2)  Subject to the Employment Standards Code, a person employing an apprentice referred to in subsection (1) must pay wages to the apprentice during the period that constitutes the apprenticeship program that are at least equal to 70% of the wages paid to employees who are certified journeypersons in the boom truck craft of the boom truck branch of the trade.
(3)  In the case of an apprentice in an apprenticeship program in the tower crane branch of the trade, a person employing an apprentice pursuant to section 22(3) shall not pay wages to an apprentice that are less than those provided for under section 17.
AR 272/2000 s25;34/2005;129/2005;270/2006
Part 5 Transitional Provisions, Repeals, Expiry and Coming into Force
26   Repealed AR 129/2005 s13.
Apprenticeship continues
27   A person who immediately before January 1, 2001 was an apprentice in an apprenticeship program under the Crane and Hoisting Equipment Operator Trade Regulation (AR 160/2000) continues as an apprentice in that apprenticeship program under this Regulation.
AR 272/2000 s27;129/2005
28 to 30   Repealed AR 129/2005 s15.
Repeal
31   The Crane and Hoisting Equipment Operator Trade Regulation (AR 160/2000) is repealed.
Expiry
32   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, 2019.
AR 272/2000 s32;45/2006;82/2008;69/2013
Coming into force
33   This Regulation comes into force on January 1, 2001.