Crane Operator License Defense
Representation Before the State Board of Crane Operators
The State Board of Crane Operators licenses individuals who operate cranes in the Commonwealth, and it requires each licensee to maintain national certification in the categories of crane the licensee operates. The Board also regulates the supervision of trainees and the use of licensed operators by employers.
Board matters frequently follow a workplace incident, a safety investigation by another agency, a lapse in national certification or an allegation that an operator worked outside the scope of the license. Because the Board's regulations impose short reporting deadlines, the timing of a licensee's notice to the Board is often an issue in its own right.
Mimm Law, LLC represents crane operators at every stage of a Board matter, from the initial inquiry through final order.
Governing Law
- Board
- State Board of Crane Operators
- Statute
- Crane Operator Licensure Act, 63 P.S. § 2400.101 et seq.
- Regulations
- 49 Pa. Code Chapter 6
- Licensees
- Crane operators
- Renewal
- Biennial
Who the Board Regulates
- Crane operator license, active or inactive
- Specialty designations by crane type, including tower cranes, lattice boom cranes and telescopic boom cranes
- Trainee operation under the supervision of a licensed operator
Grounds for Discipline
Section 703 of the Crane Operator Licensure Act authorizes the Board to discipline a licensee for, among other things:
- Negligence or incompetence in the operation of a crane
- Inability to operate safely because of a mental or physical condition or dependence on alcohol or drugs
- Willful or repeated violations of the Act or the Board's regulations
- Fraud or deceit in operating a crane or in obtaining a license or certification
- Conviction of a felony or a crime of moral turpitude, or probation without verdict
- Discipline in another state
- Conduct presenting an immediate and clear danger to health, safety or property
- Possession, use or distribution of a controlled substance
- Departure from recognized operating practices
- False advertising or fraudulent material representations
Sanctions the Board May Impose
The Board may deny an application, issue a public reprimand, revoke, suspend, limit or restrict a license, require care, counseling or treatment, impose probation, or restore a license subject to conditions. The Act also provides for temporary suspension without a hearing for an immediate and clear danger (with a preliminary hearing within 30 days and a 180-day limit), automatic suspension on a felony conviction under the Controlled Substance, Drug, Device and Cosmetic Act, and a five-year wait before a revoked licensee may reapply. Where impairment is alleged, the Board may compel a mental or physical examination, and a refusal is treated as an admission.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
National Certification
A licensee must keep national certification current for each type of crane operated and must demonstrate recertification at renewal. A lapse in certification affects the license.
Trainee Supervision
A trainee may operate only under the immediate supervision of a licensed operator, who must be in the trainee's immediate area, within visual sighting distance and able to communicate effectively with the trainee, and who may have no other duties. A supervisor may supervise only one trainee at a time.
Short Reporting Deadlines
The Board's regulations require written notice of criminal proceedings and of a health condition affecting operation within 10 days, in addition to the general 30-day duty to report convictions and discipline elsewhere.
Matters We Handle
- Workplace incidents and safety investigations
- National certification lapses or discrepancies
- Operation of equipment outside the license
- Practice without a current license
- Criminal charges and convictions affecting licensure
- Applications and reinstatement following a lapse
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
Does a workplace accident mean my license will be disciplined?
No. The question for the Board is whether the operator was negligent, incompetent or otherwise in violation of the Act, not simply whether an incident occurred. An early and accurate account, supported by lift plans, inspection records and witness statements, is important.
Do I have to report an OSHA investigation or an arrest?
The regulations require written notice to the Board of criminal proceedings within 10 days. Other reporting duties depend on the circumstances. For example, an operator who files a workers' compensation or disability claim, or sues for personal injury, must send the Board a copy of the document that starts the claim or action at the same time. Because a late or omitted report is itself a violation, a licensee should seek advice promptly.
Can my employer be penalized for using an operator without a license?
Yes. The Act prohibits employers from using unlicensed operators, and under the Board's regulations an employer found in violation three or more times in four years may be declared a chronic aider and abettor, and licensed operators may then be barred from working for it.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.