3.4 Incident Reporting, Investigations, Discipline & Variances (230 CMR 6.11–6.13)
Key Takeaways
A hoisting incident involving serious injury, property damage over $10,000 or a public-safety condition must be reported to the OPSI Incident Hotline, (508) 820-1444, within one hour (230 CMR 6.11(4)).
A written report on the Office's Injury and Incident Documentation form must follow within 48 hours of the incident (230 CMR 6.11(4)(a)).
Hoisting machinery involved in an incident must not be moved or dismantled until the Office has investigated and an Inspector approves, except to preserve life and property, remove injured persons or bodies, or let emergency vehicles through.
Licensees must disclose any criminal conviction or out-of-state license discipline to the Office within 15 days (230 CMR 6.11(5)).
After a summary suspension, a hearing must be held within ten days, or the license is reinstated unless a later date was agreed (230 CMR 6.12(4)).
Orders to stop and to surrender (230 CMR 6.11(1)–(3))
- Operators must cease operating if ordered by the Office. Conditions that justify an immediate stop include serious injury or any condition an Inspector decides is necessary to preserve public health or safety.
- Operators must immediately surrender their hoisting license or temporary permit when ordered by the Office under MGL c. 146 § 53 or 230 CMR 6.00.
- Anyone found operating without a license, temporary permit, apprentice license or the proper classification must immediately stop and identify themselves to the Office with a valid U.S. state, territory or federal government photo ID.
Reporting an incident (230 CMR 6.11(4))
What is reportable
Any incident at a site where hoisting machinery is involved that results in:
- Serious injury: death, dismemberment, significant disfigurement, permanent loss of use of a body organ, member, function or system, a compound fracture or other significant injury or illness. A doctor's order for formal inpatient admission also counts.
- Property damage: damage to private or public property exceeding $10,000 per incident.
- Any condition necessary for the preservation of public health or safety.
Who reports, how and when
| Step | Requirement |
|---|---|
| Who | The licensee operating the machinery, or the owner or owner's representative |
| Phone report | To the OPSI Incident Hotline at (508) 820-1444 within one hour of the time the incident occurred or was discovered |
| Written report | Submitted to the Office within 48 hours, on the Office's Injury and Incident Documentation form |
Warning
The one-hour phone call is the deadline most often missed. The 48-hour written form is a second, separate step.
Leave the scene as it is (230 CMR 6.11(4)(b))
The Office investigates as far as it deems necessary. The machinery, operator and owner must be accessible to the Office. The machinery must not be moved or dismantled from the site until the Office has investigated and an Inspector grants approval. The machine and the surrounding area must not be disturbed, cleaned or altered in any way that would hinder the investigation.
The only exceptions: preservation of life and property, removal of injured persons or bodies, and allowing emergency vehicles through.
Federal reporting duties, such as OSHA's rules for fatalities and in-patient hospitalizations, are separate from the OPSI hotline call. One report does not satisfy the other.
Disclosing convictions and other discipline (230 CMR 6.11(5))
Each licensee must disclose any conviction, felony or misdemeanor, and any discipline imposed on an occupational license by another jurisdiction, within 15 days of the finding or conviction.
Grounds for discipline (230 CMR 6.12(1))
Any license, certification or other authority under 230 CMR 6.00 may be disciplined for:
| Ground | |
|---|---|
| (a) | False or misleading information on an exam or renewal application |
| (b) | Operating under the influence of alcohol or drugs |
| (c) | Failure to pay excise or other taxes |
| (d)–(e) | Failure to report accidents or serious injuries as required |
| (f) | Operating in an unsafe manner |
| (g) | Failure to comply with any provision of 230 CMR 6.00 |
| (h) | Failure to comply with 520 CMR 14.00 (Excavation and Trench Safety) |
| (i) | Failure to comply with MGL c. 146 §§ 53–56 |
| (j)–(k) | Fraudulent or improper issuance of temporary permits or company licenses |
| (l) | Practicing beyond the scope of the license held |
| (m) | Permitting, aiding or abetting an unauthorized person to do work that requires a hoisting license |
| (n) | Conviction of a crime reasonably related to the hoisting profession |
| (o) | Action against a license in another state, territory, Massachusetts agency, D.C. or foreign jurisdiction, where the basis would support discipline here |
| (p) | Violations of state or federal law relevant to hoisting work, including OSHA violations, as formally decided by an authority with jurisdiction |
| (q) | Any other conduct that calls the licensee's competence into question |
Possible sanctions (230 CMR 6.12(2))
After a hearing where MGL c. 30A requires one, the Commissioner may: suspend, revoke, cancel, decline to renew or place probationary conditions on a license; reprimand or censure; assess civil administrative penalties or fines allowed by law; require additional education and training; require supervised practice; or require an alcohol or drug rehabilitation program.
Hearings are conducted by a presiding officer appointed by the Commissioner, under 801 CMR 1.01 (formal) or 801 CMR 1.02 (informal/fair hearing) rules. A person aggrieved by the decision may appeal to Superior Court under MGL c. 30A § 14.
Summary suspension (230 CMR 6.12(4))
When the immediate preservation of public health or safety requires it, the Commissioner, the Chief or any Inspector may suspend a license on the spot. The timeline:
| Event | Deadline |
|---|---|
| Written summary suspension order given to the licensee | At the time of suspension; states the reasons and that a hearing will occur within ten days |
| Hearing | Within 10 days of the suspension. If it is not held within ten days, or a later agreed date, the license is reinstated. A licensee-requested reschedule does not lift the suspension |
| Licensee does not attend | Grounds to revoke the license |
| Preliminary written decision | Within 10 days after the hearing |
| Formal adjudicatory proceeding on the merits | Within 60 days of the suspension order, unless the parties agree otherwise |
| Final written decision | Within 30 days after the formal proceeding, unless the parties agree otherwise |
Criminal penalties for unlicensed operation are separate (MGL c. 146 § 54A; Section 1.1), and so are trench-safety penalties under 520 CMR 14.05 (Section 6.3).
Variances (230 CMR 6.13)
Anyone who believes full compliance with 230 CMR 6.00 is overly burdensome may apply in writing for a variance. The burden is on the applicant to show that granting it would not compromise public safety or undermine the regulation's purpose. The decision is generally based on the written submissions, and 6.13 creates no hearing requirement. The Commissioner or designee may grant it with conditions or deny it. A variance never waives the need to hold a license or permit.
Scenario practice
Dropped load, no injury. A tag line snaps and a 6,000-lb precast panel falls onto a delivery truck, causing about $22,000 in damage. No one is hurt. Property damage exceeds $10,000, so the operator or owner calls (508) 820-1444 within one hour, files the Injury and Incident Documentation form within 48 hours, and leaves the crane rigged and in place until an Inspector approves moving it. Moving the crane to "get the job going again" is not one of the exceptions.
Injured worker. A laborer is pinned when a load swings, and the crew must boom up to free the worker. Removing injured persons is an exception, so the crew may move the boom as needed for the rescue. The incident is still reported within one hour, followed by the 48-hour written report.
Under 230 CMR 6.11(4), how soon must a reportable hoisting incident be phoned in to the OPSI Incident Hotline?
Within 8 hours
Within 48 hours
Within 7 days
Within one hour of when it occurred or was discovered
After a reportable incident, under what circumstance may the hoisting machinery be moved before an OPSI Inspector approves?
To preserve life and property, remove injured persons or bodies, or let emergency vehicles through
When the general contractor needs the area cleared for other trades
When the owner's insurer has finished taking photographs
After the operator completes the written report
An Inspector summarily suspends an operator's license. Under 230 CMR 6.12(4), what happens if no hearing is held within ten days and no later date was agreed?
The suspension automatically becomes a revocation
The license is reinstated
The suspension continues until the next annual review
The operator must retake the written exam
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