§ 484 — Enforcement

§ 484. Enforcement. 1. a. For the purpose of administering and\nenforcing the provisions of this article with respect to lasers, cranes,\nblasters and pyrotechnicians, the commissioner of labor shall have and\nmay use all of the powers conferred upon him or her by the labor law, in\naddition to the powers conferred herein.\n b. For the purpose of administering and enforcing the provisions of\nthis article with respect to radioactive material and radiation\nequipment the commissioner of health shall have and may use all of the\npowers conferred upon him or her by the public health law, in addition\nto the powers conferred in this article.\n 2. Any person who violates any provision of this article or of any\nrule or regulation of the commissioner promulgated hereunder or of any\nrule or regulation promulgated pursuant to paragraph b of subdivision\ntwo of section four hundred eighty-five of this article shall be guilty\nof a misdemeanor, and upon conviction shall be punished, by a fine of\nnot more than one thousand dollars; for a second offense by a fine of\nnot less than one thousand nor more than three thousand dollars, or by\nimprisonment for not more than one year or by both such fine and\nimprisonment; for a subsequent offense by a fine of not less than three\nthousand dollars, or by imprisonment for not more than one year, or by\nboth such fine and imprisonment.\n 3. Where the employer, contractor or agent thereof permitting a\nviolation of any provision of this article or of any rule or regulation\nof the commissioner promulgated hereunder or of any rule or regulation\npromulgated pursuant to paragraph b of subdivision two of section four\nhundred eighty-five of this article shall be a corporation, then in\naddition to the corporation, the officer or agent of such corporation\nwho knowingly permits the corporation to violate such provisions is\nguilty of a misdemeanor; and upon conviction thereof shall be punished\nfor a first offense by a fine of not more than one thousand dollars; for\na second offense by a fine of not less than one thousand nor more than\nthree thousand dollars, or by imprisonment for not more than one year or\nby both such fine and imprisonment; for a subsequent offense by a fine\nof not less than three thousand dollars or by imprisonment for not more\nthan one year, or by both such fine and imprisonment.\n 4. (a) Any person who operates a crane without a certificate of\ncompetence issued by the commissioner of labor as required by section\nfour hundred eighty-two of this article shall be deemed to have violated\nthis article. The commissioner may impose a civil penalty upon such\nperson of no more than one thousand dollars for the initial violation,\nno more than two thousand dollars for the second violation, and no more\nthan three thousand dollars for a third or subsequent violation.\n (b) Any employer, contractor or agent thereof who willfully permits a\nperson to operate a crane without a certificate of competence issued by\nthe commissioner of labor as required by section four hundred eighty-two\nof this article shall be deemed to have violated this article. The\ncommissioner may impose a civil penalty upon such employer, contractor,\nor agent of no more than five thousand dollars for the initial\nviolation, and no more than ten thousand dollars for a second or\nsubsequent violation.\n (c) When two final determinations have been rendered under this\nsection against a person who operates a crane in violation of this\narticle, such person shall be ineligible to apply for a certificate of\ncompetence from the commissioner of labor for a period of two years from\nthe date of the second final determination.\n