MGL §§ 64–67 — Safety Duties, Penalties & Renewal
MA 2A Hoisting License · Module 1, Session 3
MGL §§ 64–67 — What Each Section Covers
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MGL §§ 64–67 — What Each Section Covers
MGL §64 — General Safety Duties
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§64 establishes the general safety framework for hoisting engineers. It sets the foundation that operators must be "competent and trustworthy" before receiving a license, and that fitness — physical and mental — is a requirement.
Key obligations:
MGL §65 — Examination & Qualification
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§65 governs how licenses are issued. It requires that applicants pass an examination before receiving a license.
What the exam tests (per §65):
Exam types: The examination may be written, practical (hands-on), or both, at the commissioner's discretion.
Revoked licenses: If your license has been revoked for a safety violation, you must pass BOTH a written AND a practical examination before reinstatement — not just one.
Passing score: 70% minimum on written examination.
MGL §66 — Employer Responsibility
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§66 places responsibility on employers who use hoisting equipment. While the specific employer-verification language is in the broader regulatory framework:
What employers are required to do:
Employer liability: An employer who knowingly directs an unlicensed person to operate hoisting equipment faces separate penalties — the fine for "allowing unlicensed operation" is $1,000–$3,000 per violation, higher than the fine for the unlicensed operator themselves.
MGL §67 — Accident Reporting
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§67 (implemented through 520 CMR 6.11) establishes mandatory accident reporting for hoisting machinery incidents.
What must be reported:
Who reports: The licensed operator, the equipment owner, or the owner's authorized representative.
Reporting timeline — two-step requirement:
- Hotline: (508) 820-1444 (OPSI 24-hour incident reporting line)
Equipment restriction after incident: Equipment involved in a serious incident cannot be moved, dismantled, or altered until OPSI inspects it and grants approval — except to prevent further injury to persons or to allow emergency vehicle access.
Exam note: The 1-hour phone/48-hour written timeline is testable. Do not confuse with OSHA's fatality reporting timeline (8 hours for fatality, 24 hours for in-patient hospitalization under 29 CFR 1904.39).
Penalties for ViolationsCRITICAL
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Penalties for ViolationsCRITICAL
Civil & Criminal Penalties Under MGL §54A
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Massachusetts imposes both civil fines and potential imprisonment for hoisting license violations.
General violation of MGL §53, §53A, or §54:
Allowing unlicensed operation (employer who directs or permits unlicensed operator):
Exam note: The curriculum study materials reference "$500/day" — this reflects the enforcement approach where each day of continuous violation can be cited as a separate offense, making total liability $500–$3,000 per day. However, the statutory range per violation is $500–$3,000.
Key point: The employer's fine ($1,000–$3,000) is higher than the employee's fine ($500–$3,000). This is intentional — the legislature treats allowing unlicensed operation more seriously than being the unlicensed operator.
Willful vs. Negligent — Does Intent Matter?
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The statute (MGL §54A) uses a uniform penalty structure — the fine range is the same regardless of whether the violation was intentional (willful) or accidental (negligent).
However, intent matters in practice:
For exam purposes: Know that both willful and negligent violations trigger penalties. Do not assume that accidentally operating with an expired license is consequence-free.
License Revocation & Reinstatement
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OPSI can revoke or suspend a hoisting license for:
Reinstatement after revocation:
Reinstatement after expiration (lapsed license):
License Renewal Process
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License Renewal Process
Renewal Timeline & Fee
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License duration: 2 years from date of issuance. The license expires on the licensee's birthdate occurring between 12 and 24 months after issuance.
When to renew: You may submit renewal up to 60 days before the expiration date. OPSI recommends allowing 5 weeks for processing.
Renewal fee: $60 (non-refundable processing fee). Note: this is the renewal fee; the initial application fee is $75.
February 29 birthdays: Licenses for persons born on Feb. 29 expire on March 1 of the renewal year.
Military service: Active duty military personnel retain their valid licenses for at least 90 days after release from active duty, even if the license would otherwise have expired.
How to Renew
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Online: Through the OPSI mylicenseone portal at mass.gov
By mail: Send completed renewal form with check or money order to "Commonwealth of Massachusetts"
What you need:
Contact OPSI:
OPSI website: mass.gov/hoisting-licensing-and-exams
What Happens When Your License Expires
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Operating with an expired license is the same as operating without a license. There is no grace period that permits continued operation.
Consequence timeline:
Exam scenario: Your license expires on a Monday. Can you operate the machine on Tuesday while waiting for the renewal to process? No — the expired license is void and operating it is a violation.
Best practice: Set a calendar reminder 60 days before your expiration date. Renewal can be submitted that early, giving you buffer time for processing.