§ 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.