§ 202-H — High-voltage proximity

§ 202-h. High-voltage proximity. 1. This section may be known as the\n"high-voltage proximity act".\n 2. Definitions. For the purpose of this section:\n (a) "High-voltage lines" means electrical conductors installed above\nground and having a voltage differential in excess of six hundred volts\nbetween any pair of conductors or between any conductor and ground. In\nthe case of alternating current, the voltage shall be measured in R.M.S.\nvalue. This definition shall not include approved armored cable used to\nsupply power to portable equipment and insulated power cables enclosed\nin approved metallic raceways.\n (b) "Dangerous proximity" means a distance within ten feet of\nhigh-voltage lines, or within such greater distances as are set forth in\nthe current editions and any subsequent revisions of the regulations of\nthe United States Occupational Safety and Health Administration (29 CFR\nparts 1910 and 1926), the New York industrial code (12 NYCRR part 23)\nand the national electrical safety code.\n 3. Prohibited activity. (a) No employer or supervising agent of an\nemployer shall require or permit an employee to, and no self-employed\nindividual, independent contractor having no employees or homeowner\nshall, participate in the operation, erection, transportation, handling,\nor storage of any tools, machinery, equipment, supplies, materials or\napparatus, or the moving of any building, if in the course of such\noperation, erection, transportation, handling, storage or moving it is\npossible for such tools, machinery, equipment, supplies, materials,\napparatus or building, to come within dangerous proximity of a\nhigh-voltage line; or participate in any activity which would cause the\nemployee, self-employed individual, independent contractor or homeowner\nto come within dangerous proximity of a high-voltage line; unless\nprecautionary action has been taken to protect against the danger from\ncontact with such high-voltage line, either by de-energizing such\nhigh-voltage line and grounding it where necessary, or other effective\nmethods or devices which have been approved in advance by the owner or\nperson in charge of such high-voltage lines for the particular case and\nfor the particular location.\n (b) Employers whose employees operate, erect, transport, handle or\nstore any tools, machinery, equipment, supplies, materials or apparatus,\nor move any building, which in the course of such operation, erection,\ntransportation, handling, storing or moving might come within dangerous\nproximity of a high-voltage line, shall advise such employees of the\ndangers inherent in such work, highlight precautions which are to be\ntaken under such circumstances and encourage employees to communicate\nwith and advise employers or their supervising agents of conditions\nwhich would require precautionary action by the employer as required by\nparagraph (a) of this subdivision.\n (c) In no case shall the required clearance be provided by moving or\ndisplacing any conductor, except where the same is temporarily relocated\npursuant to arrangements made with the owner or person in charge of the\nhigh-voltage line, and such actions are performed by such owner or\nperson in charge.\n (d) All high-voltage lines shall be considered as energized\nhigh-voltage lines until assurance has been given that they are\notherwise by qualified representatives of the owners or persons in\ncharge of such lines.\n 4. Warning sign required. (a) The owner, agent, lessee, bailee, user,\nor employer responsible for the operations of equipment capable of\ncoming within dangerous proximity of a high-voltage line in the course\nof its operation, shall post and maintain in plain view of the operator\non each piece of such equipment, an approved durable warning sign\nlegible at a distance of twelve feet reading "Danger Unlawful To Operate\nAny Part Of This Equipment Within 10 Feet of High-Voltage Lines".\nAdditional warning signs shall be placed on various parts of the\nequipment providing similar warnings to others in the vicinity of the\nhigh-voltage lines.\n Notwithstanding the foregoing, all such posted warnings shall specify\nthe actual distance by which the term "dangerous proximity" is defined\nby paragraph (b) of subdivision two of this section. The owner, agent,\nlessee, bailee, user, or employer responsible for the operations of\nequipment shall provide such other warning signs on equipment or at the\nwork site as may be required by regulations promulgated hereunder. The\nrequirement that warning signs be posted shall not apply to railway\nequipment operating on railway right-of-way in relation to high-voltage\nconductors of such railway system under conditions for which exemption\nis granted under subdivision eight of this section.\n (b) If for any reason and for any time period, the operator of the\nequipment is unable to assess visually the clearance of the equipment\nfrom overhead high-voltage lines, a second person shall be designated to\nobserve the clearance and provide timely warning to the equipment\noperator.\n 5. Notification to power company and responsibility for safeguards.\nWhenever any activity is to be performed requiring precautionary action\nunder this section, the employer, contractor or other person responsible\nfor the activity shall promptly notify the owner or person in charge of\nthe high-voltage line of the intended activity, such notification to be\nsubmitted at least five normal work days before the activity is to be\nperformed. The owner or person responsible for the high-voltage line\nshall perform all necessary precautionary actions, and the employer,\ncontractor or other person responsible for the activity shall be\nresponsible for all costs of such precautionary actions. Under no\ncircumstances shall activities requiring precautionary actions be\nundertaken before such precautionary actions have been completed.\n 6. Enforcement. The commissioner shall administer and enforce the\nprovisions of this section and is hereby empowered to prescribe and\npromulgate rules and regulations consistent herewith. Such regulations\nshall include a requirement that clearances greater than the dangerous\nproximity distance must be maintained where, in the judgment of the\nboard, safety so requires.\n 7. Civil penalty. (a) Any person violating any of the provisions of\nthis section shall be liable for a penalty of not less than one hundred\ndollars nor more than one thousand dollars to be collected in a civil\naction by a summary proceeding. Any violation of this section by an\nofficer, agent or employee shall be a violation by the employer if such\nemployer had knowledge of and actual control over the cause of such\nviolation. Where the violation is of a continuing nature, each day\nduring which it continues shall constitute an additional, separate and\ndistinct offense.\n (b) The commissioner is hereby authorized and empowered to compromise\nand settle any claim for a penalty under this section in such amount in\nthe discretion of the commissioner as may appear appropriate and\nequitable under the circumstances.\n 8. Exceptions. (a) This section shall not be construed as applying to,\nshall not apply to, and is not intended to apply to, the construction,\nreconstruction, operations, and maintenance of overhead electrical\nconductors and their supporting structures and associated equipment by\nauthorized and qualified electrical workers; nor to the authorized and\nqualified employees of any person engaged in the construction,\nreconstruction, operation, and maintenance of overhead electrical\ncircuits or conductors and their supporting structures and associated\nequipment of rail transportation systems, or electrical generating,\ntransmission, distribution, and communication systems. This exception\nwhen applied to railway systems shall be construed as permitting\noperation of standard rail equipment, which is normally used in the\ntransportation of freight or passengers or both and the operation of\nrelief trains, or other equipment in emergencies, or in maintenance of\nway service, within dangerous proximity of and high-voltage conductor of\nsuch railway system; but this section shall be construed as prohibiting\nnormal repair or construction operations within dangerous proximity of\nany high-voltage conductor by other than properly qualified and\nauthorized persons or employees under the direct supervision of an\nauthorized person who is familiar with the hazards involved, unless\nthere has been compliance with the safety provisions hereof.\n (b) This section shall not be construed as applying to motor vehicle\ntransportation across or along a public road or highway where the\ncombined vehicle and load shall not be in excess of thirteen and\none-half feet high and thirteen feet wide. Nevertheless, this section\nshall apply to motor vehicle transportation across or along a public\nroad or highway during such time as the combined vehicle and load shall\nfor any reason and for any period of time be in excess of thirteen and\none-half feet high and thirteen feet wide.\n 9. Severability. In case any provisions of this section shall be\nadjudged unconstitutional or void for any reason, such adjudication\nshall not affect any of the other provisions of this section.\n