NY Lab L § 202-H (2021)
2021 New York Laws LAB - Labor Article 7 - General Provisions 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.