N.Y. Labor Law § 202-h: High-voltage proximity

§ 202-h. High-voltage proximity. 1. This section may be known as the

"high-voltage proximity act".

2. Definitions. For the purpose of this section:

(a) "High-voltage lines" means electrical conductors installed above

ground and having a voltage differential in excess of six hundred volts

between any pair of conductors or between any conductor and ground. In

the case of alternating current, the voltage shall be measured in R.M.S.

value. This definition shall not include approved armored cable used to

supply power to portable equipment and insulated power cables enclosed

in approved metallic raceways.

(b) "Dangerous proximity" means a distance within ten feet of

high-voltage lines, or within such greater distances as are set forth in

the current editions and any subsequent revisions of the regulations of

the United States Occupational Safety and Health Administration (29 CFR

parts 1910 and 1926), the New York industrial code (12 NYCRR part 23)

and the national electrical safety code.

3. Prohibited activity. (a) No employer or supervising agent of an

employer shall require or permit an employee to, and no self-employed

individual, independent contractor having no employees or homeowner

shall, participate in the operation, erection, transportation, handling,

or storage of any tools, machinery, equipment, supplies, materials or

apparatus, or the moving of any building, if in the course of such

operation, erection, transportation, handling, storage or moving it is

possible for such tools, machinery, equipment, supplies, materials,

apparatus or building, to come within dangerous proximity of a

high-voltage line; or participate in any activity which would cause the

employee, self-employed individual, independent contractor or homeowner

to come within dangerous proximity of a high-voltage line; unless

precautionary action has been taken to protect against the danger from

contact with such high-voltage line, either by de-energizing such

high-voltage line and grounding it where necessary, or other effective

methods or devices which have been approved in advance by the owner or

person in charge of such high-voltage lines for the particular case and

for the particular location.

(b) Employers whose employees operate, erect, transport, handle or

store any tools, machinery, equipment, supplies, materials or apparatus,

or move any building, which in the course of such operation, erection,

transportation, handling, storing or moving might come within dangerous

proximity of a high-voltage line, shall advise such employees of the

dangers inherent in such work, highlight precautions which are to be

taken under such circumstances and encourage employees to communicate

with and advise employers or their supervising agents of conditions

which would require precautionary action by the employer as required by

paragraph (a) of this subdivision.

(c) In no case shall the required clearance be provided by moving or

displacing any conductor, except where the same is temporarily relocated

pursuant to arrangements made with the owner or person in charge of the

high-voltage line, and such actions are performed by such owner or

person in charge.

(d) All high-voltage lines shall be considered as energized

high-voltage lines until assurance has been given that they are

otherwise by qualified representatives of the owners or persons in

charge of such lines.

4. Warning sign required. (a) The owner, agent, lessee, bailee, user,

or employer responsible for the operations of equipment capable of

coming within dangerous proximity of a high-voltage line in the course

of its operation, shall post and maintain in plain view of the operator

on each piece of such equipment, an approved durable warning sign

legible at a distance of twelve feet reading "Danger Unlawful To Operate

Any Part Of This Equipment Within 10 Feet of High-Voltage Lines".

Additional warning signs shall be placed on various parts of the

equipment providing similar warnings to others in the vicinity of the

high-voltage lines.

Notwithstanding the foregoing, all such posted warnings shall specify

the actual distance by which the term "dangerous proximity" is defined

by paragraph (b) of subdivision two of this section. The owner, agent,

lessee, bailee, user, or employer responsible for the operations of

equipment shall provide such other warning signs on equipment or at the

work site as may be required by regulations promulgated hereunder. The

requirement that warning signs be posted shall not apply to railway

equipment operating on railway right-of-way in relation to high-voltage

conductors of such railway system under conditions for which exemption

is granted under subdivision eight of this section.

(b) If for any reason and for any time period, the operator of the

equipment is unable to assess visually the clearance of the equipment

from overhead high-voltage lines, a second person shall be designated to

observe the clearance and provide timely warning to the equipment

operator.

5. Notification to power company and responsibility for safeguards.

Whenever any activity is to be performed requiring precautionary action

under this section, the employer, contractor or other person responsible

for the activity shall promptly notify the owner or person in charge of

the high-voltage line of the intended activity, such notification to be

submitted at least five normal work days before the activity is to be

performed. The owner or person responsible for the high-voltage line

shall perform all necessary precautionary actions, and the employer,

contractor or other person responsible for the activity shall be

responsible for all costs of such precautionary actions. Under no

circumstances shall activities requiring precautionary actions be

undertaken before such precautionary actions have been completed.

6. Enforcement. The commissioner shall administer and enforce the

provisions of this section and is hereby empowered to prescribe and

promulgate rules and regulations consistent herewith. Such regulations

shall include a requirement that clearances greater than the dangerous

proximity distance must be maintained where, in the judgment of the

board, safety so requires.

7. Civil penalty. (a) Any person violating any of the provisions of

this section shall be liable for a penalty of not less than one hundred

dollars nor more than one thousand dollars to be collected in a civil

action by a summary proceeding. Any violation of this section by an

officer, agent or employee shall be a violation by the employer if such

employer had knowledge of and actual control over the cause of such

violation. Where the violation is of a continuing nature, each day

during which it continues shall constitute an additional, separate and

distinct offense.

(b) The commissioner is hereby authorized and empowered to compromise

and settle any claim for a penalty under this section in such amount in

the discretion of the commissioner as may appear appropriate and

equitable under the circumstances.

8. Exceptions. (a) This section shall not be construed as applying to,

shall not apply to, and is not intended to apply to, the construction,

reconstruction, operations, and maintenance of overhead electrical

conductors and their supporting structures and associated equipment by

authorized and qualified electrical workers; nor to the authorized and

qualified employees of any person engaged in the construction,

reconstruction, operation, and maintenance of overhead electrical

circuits or conductors and their supporting structures and associated

equipment of rail transportation systems, or electrical generating,

transmission, distribution, and communication systems. This exception

when applied to railway systems shall be construed as permitting

operation of standard rail equipment, which is normally used in the

transportation of freight or passengers or both and the operation of

relief trains, or other equipment in emergencies, or in maintenance of

way service, within dangerous proximity of and high-voltage conductor of

such railway system; but this section shall be construed as prohibiting

normal repair or construction operations within dangerous proximity of

any high-voltage conductor by other than properly qualified and

authorized persons or employees under the direct supervision of an

authorized person who is familiar with the hazards involved, unless

there has been compliance with the safety provisions hereof.

(b) This section shall not be construed as applying to motor vehicle

transportation across or along a public road or highway where the

combined vehicle and load shall not be in excess of thirteen and

one-half feet high and thirteen feet wide. Nevertheless, this section

shall apply to motor vehicle transportation across or along a public

road or highway during such time as the combined vehicle and load shall

for any reason and for any period of time be in excess of thirteen and

one-half feet high and thirteen feet wide.

9. Severability. In case any provisions of this section shall be

adjudged unconstitutional or void for any reason, such adjudication

shall not affect any of the other provisions of this section.