Section 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.