Examining and Licensing of Hoisting Engineers (260-RICR-30-15-8)

The Department proposes amendments to 260-RICR-30-15-8 to clarify exemptions under R.I. Gen. Laws § 28-26-14 by defining the terms “Agriculturist,” “Horticulturist,” and “Tree Service Company,” and to strengthen safety by expressly prohibiting operation of hoisting machinery while under the influence of alcohol or drugs. The definitional updates are intended to align the regulations with statutory text by distinguishing cultivation-focused occupations (agriculture and horticulture) from commercial tree services whose primary activities involve structural tree work (e.g., pruning, dismantling, and removal). The amendments also reaffirm that licensing is equipment-based under R.I. Gen. Laws § 28-26-5 so that entities performing tree work without covered hoisting machinery remain outside the licensing requirement.

In addition, the rule text is updated for internal consistency (definitions section organization; cross-references to license categories) and to codify the Department’s longstanding safety practice that operators must be attentive and unimpaired when controlling hoisting machinery. A minor cross-referencing error and minor spelling error is fixed. No fees are created or increased.