W. Va. Code R. § 42-24-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-24-3 - Definitions
3.1. "ANSI" refers to the American National Standards Institute, 1899 L Street NW, 11"" Floor, Washington, D.C. 20036.
3.2. "Approved training course" means a training course which has been reviewed and certified by the Commissioner as complying with the requirements of section 8 of this rule.
3.3. "ASME" refers to the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016-5990.
3.4. "Class A certification" means a certification issued to a person who has met all national level certification criteria as required by W. Va. Code § 21-3D-3(a)(1)(A) and W. Va. Code § 21-3D-4(c)(1) and as required by a program that has been accredited by ANSI's Personnel Certification Accreditation Program for the class or type of crane specified in subdivision 7.2.c. of this rule.

Beginning November 14, 2014, "Class A certification" also means and includes all crane operators in West Virginia subject to the provisions of OSHA 29 C.F.R. § 1926.1400, Subpart CC, "Cranes and Derricks in Construction."

3.5. "Class B certification" means a certification issued to a person who has met all state level certification criteria as required by the Commissioner for the class or type of crane specified in subdivision 7.2.c. of this rule.

Beginning November 14, 2014, "Class B certification" also means and includes all crane operators in West Virginia who are not subject to the provisions of OSHA 29 C.F.R. §1926.1400, Subpart CC, "Cranes and Derricks in Construction."

3.6. "Code of Federal Regulations" or "C.F.R." refers to rules published in the Federal Register by executive departments and agencies of the federal government of the United States.
3.7. "Direct supervision by a certified crane operator" pursuant to the exemption in W. Va. Code § 21-3D-2(b) (5) means that a certified crane operator is within immediate physical proximity of the controls of the crane.
3.8. "Division" means the West Virginia Division of Labor.
3.9. "Employee" pursuant to the exemption in W. Va. Code § 21-3D-2(b) (6) means an employee who is limited to operating the crane only on the property owned or leased by his or her employer (i.e., the manufacturing plant, industrial establishment or mineral processing operation).
3.10. "NCCCO" refers to the National Commission for the Certification of Crane Operators, located at 2750 Prosperity Avenue, Suite 505, Fairfax, VA 22031.
3.11. "Public Service Commission" pursuant to the exemption in W. Va. Code § 21-3D-2(b) (7) means the West Virginia Public Service Commission.
3.12. "Recertification" means the renewal process that occurs on each fifth anniversary date of an applicant's original certification date.

W. Va. Code R. § 42-24-3