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<regulation prefix="Regulation" num=".03" citation="COMAR 09.12.26.03" title_num="09" subtitle_num="12" chapter_num="26" heading="Definitions.">
  <paragraph num="A.">
    <text>The definitions set forth in 29 CFR §1926.1401 apply to this chapter.</text>
  </paragraph>
  <paragraph num="B.">
    <text>For the purpose of this chapter, the following terms have the meanings indicated.</text>
    <paragraph num="(1)">
      <text>“ANSI” means the American National Standards Institute.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“ASME” means the American Society of Mechanical Engineers.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“ASSE” means the American Society of Safety Engineers.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Commissioner” means the Commissioner of Labor and Industry.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Crane” includes all equipment covered by this regulation.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Crane operator” means a person who operates powered equipment covered by this regulation.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Crane operator trainee” means a person who is engaged in a structured training program under the direct supervision of a crane operator who meets the requirements of this chapter.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Crew member” means one or more employees of an employer who performs work in a given operation.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Direct supervision” means that the supervisor:</text>
      <paragraph num="(a)">
        <text>Is in the immediate area of the operation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is within visual sighting distance of the operation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is able to effectively communicate with the persons engaged in the operation; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Has no duties other than to observe and supervise the operation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>“Level I rigger” means an individual who works under the supervision of a competent person and on a routine basis performs rigging work engaged in lifting loads, other than rigging for special lifts, and the erection, dismantling, jumping, or reconfiguring of cranes.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Level II rigger” means an individual who has accumulated 2 or more years of experience working as a level I rigger and performs rigging work engaged in lifting loads for special lifts, or the erection, dismantling, jumping, or reconfiguring of cranes, or all of these.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Master/lead rigger” means an individual who has accumulated 5 or more years of experience rigging loads and is authorized by the employer to take prompt corrective action to eliminate hazards.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“NCCA” means the National Commission for Certifying Agencies.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Qualified person” means a person who, by possession of a recognized degree in an applicable field or certificate of professional standing, or who, by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve problems relating to the subject crane operations.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Qualified rigging evaluator” means a person employed by the rigger’s employer who has demonstrated that he or she is competent in accurately assessing whether individuals meet the qualification requirements of this chapter for riggers.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Rigger” means an individual who is engaged in the process of lifting, moving, and rigging loads with hardware and equipment used to attach a load to a crane.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Rigging” means the hardware, equipment, and means used to safely attach a load to a crane by means of adequately rated and properly applied slings or other devices.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>“Safety sensitive position” means a position subject to drug and alcohol testing because the nature of the employee's duties and responsibilities indicate a potential that impaired performance due to drugs or alcohol, or both, could result in injury or death to the employee or others.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“Signal person” means an individual who communicates guidance and direction to a crane operator in lifting, hoisting, moving, or releasing a load.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Special lift” means a lift using multiple cranes or the erection, dismantling, or jumping of a tower crane.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“Third party qualified rigging evaluator” means an entity that, due to its independence and expertise, has demonstrated that it is competent in accurately assessing whether individuals meet the qualification requirements of this chapter for riggers.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Tower crane” means a type of lifting structure which utilizes a vertical mast or tower to support a working boom (jib) in an elevated position.  Loads are suspended from the working boom.  While the working boom may be of a fixed type, horizontal or angled, or have luffing capability, it can always rotate to swing loads, either by rotating on the top of the tower such as top slewing or by the rotation of the tower such as bottom slewing.  The tower base may be fixed in one location or ballasted and moveable between locations.  Mobile cranes that are configured with luffing jib or tower attachments, or both, are not considered tower cranes under this section.</text>
    </paragraph>
  </paragraph>
</regulation>