§ 484. Enforcement. 1. a. For the purpose of administering and
enforcing the provisions of this article with respect to lasers, cranes,
blasters and pyrotechnicians, the commissioner of labor shall have and
may use all of the powers conferred upon him or her by the labor law, in
addition to the powers conferred herein.

b. For the purpose of administering and enforcing the provisions of
this article with respect to radioactive material and radiation
equipment the commissioner of health shall have and may use all of the
powers conferred upon him or her by the public health law, in addition
to the powers conferred in this article.

2. Any person who violates any provision of this article or of any
rule or regulation of the commissioner promulgated hereunder or of any
rule or regulation promulgated pursuant to paragraph b of subdivision
two of section four hundred eighty-five of this article shall be guilty
of a misdemeanor, and upon conviction shall be punished, by a fine of
not more than one thousand dollars; for a second offense by a fine of
not less than one thousand nor more than three thousand dollars, or by
imprisonment for not more than one year or by both such fine and
imprisonment; for a subsequent offense by a fine of not less than three
thousand dollars, or by imprisonment for not more than one year, or by
both such fine and imprisonment.

3. Where the employer, contractor or agent thereof permitting a
violation of any provision of this article or of any rule or regulation
of the commissioner promulgated hereunder or of any rule or regulation
promulgated pursuant to paragraph b of subdivision two of section four
hundred eighty-five of this article shall be a corporation, then in
addition to the corporation, the officer or agent of such corporation
who knowingly permits the corporation to violate such provisions is
guilty of a misdemeanor; and upon conviction thereof shall be punished
for a first offense by a fine of not more than one thousand dollars; for
a second offense by a fine of not less than one thousand nor more than
three thousand dollars, or by imprisonment for not more than one year or
by both such fine and imprisonment; for a subsequent offense by a fine
of not less than three thousand dollars or by imprisonment for not more
than one year, or by both such fine and imprisonment.

4. (a) Any person who operates a crane without a certificate of
competence issued by the commissioner of labor as required by section
four hundred eighty-two of this article shall be deemed to have violated
this article. The commissioner may impose a civil penalty upon such
person of no more than one thousand dollars for the initial violation,
no more than two thousand dollars for the second violation, and no more
than three thousand dollars for a third or subsequent violation.

(b) Any employer, contractor or agent thereof who willfully permits a
person to operate a crane without a certificate of competence issued by
the commissioner of labor as required by section four hundred eighty-two
of this article shall be deemed to have violated this article. The
commissioner may impose a civil penalty upon such employer, contractor,
or agent of no more than five thousand dollars for the initial
violation, and no more than ten thousand dollars for a second or
subsequent violation.

(c) When two final determinations have been rendered under this
section against a person who operates a crane in violation of this
article, such person shall be ineligible to apply for a certificate of
competence from the commissioner of labor for a period of two years from
the date of the second final determination.