H 3959 Session 111 (1995-1996)
H 3959 General Bill, By Young-Brickell, Klauber and Robinson
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 10
Chapter 27, Title 58 so as to ensure the safety of persons engaged in
activities in proximity of high voltage overhead lines and provide penalties.
04/06/95 House Introduced and read first time HJ-37
04/06/95 House Referred to Committee on Labor, Commerce and
Industry HJ-37
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING ARTICLE 10 TO CHAPTER 27, TITLE 58
SO AS TO ENSURE THE SAFETY OF PERSONS ENGAGED IN
ACTIVITIES IN PROXIMITY OF HIGH VOLTAGE OVERHEAD
LINES AND PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 27, Title 58 of the 1976 Code is amended
by adding:
"Article 10
South Carolina High Voltage Power
Line Safety Act
Section 58-27-1410. This article may be cited as the `South
Carolina High Voltage Power Line Safety Act.'
Section 58-27-1420. As used in this article:
(1) `Authorized person' means:
(a) an employee of an electric utility which generates,
transmits, or delivers electricity;
(b) an employee of state, county, or municipal agencies
which have authorized circuit construction on or near the poles or
structures of an electric utility;
(c) an employee of an industrial plant whose work relates to
the electrical system of the industrial plant but only while working
on or near those poles or structures which belong to the plant;
(d) an employee of a cable television or communication
services company or an employee of a contractor of a cable
television or communication services company if specifically
authorized by the owner of the poles to make cable television or
communication services attachments;
(e) an employee or agent of state, county, or municipal
agencies or electric utilities which have or whose work relates to
overhead electrical lines or circuit construction or conductors on
poles or structures of any type;
(f) a person or business entity doing work as an independent
contractor for those designated in subitems (a) through (e) and their
employees while doing that work.
(2) `Unauthorized person' means a person or business entity
other than an authorized person performing duties with respect to
facilities which he or it owns or operates or on which he or it has
contracted to work.
(3) `High voltage' means voltage in excess of six hundred volts
measured between conductors or between a conductor and the
ground.
(4) `Overhead line' means all bare or insulated utility
conductors installed above ground which are considered energized
until the owner indicates otherwise and the line has been visibly
grounded.
(5) `Electric utility' includes electrical utilities and
municipally-owned systems, the South Carolina Public Service
Authority, and electric cooperatives.
(6) `Warning sign' means a weather resistant sign of not less
than seven inches by ten inches with a yellow background and
black lettering reading as follows: DANGER - UNLAWFUL TO
OPERATE THIS EQUIPMENT WITHIN A DISTANCE TO HIGH
VOLTAGE LINES PROHIBITED BY FEDERAL OSHA
REGULATIONS.
Section 58-27-1430. (A) Unless danger against contact with
high voltage overhead lines has been effectively guarded against as
provided by Section 58-27-1440:
(1) An unauthorized person or business entity may not
perform individually or through an agent or employee, or require
another person to perform, a function or an activity upon land, a
building, a highway, or other premises if at any time during the
performance of the function or activity it is possible one or both of
the following apply:
(a) The person performing the function or activity may
move or be placed within a distance of a high voltage overhead line
prohibited by regulations promulgated by the Federal Occupational
Safety and Health Administration, OSHA.
(b) It is possible part of a tool or material used by the
person performing the activity or function may be brought within a
distance of a high voltage overhead line, prohibited by federal
OSHA regulations, during the performance of the function or
activity.
(2) An unauthorized person or business entity individually,
through an agent or employee, or as an agent or employee may not
operate mechanical equipment or hoisting equipment, part of which
is capable of vertical, lateral, or swinging motion within a distance
of a high voltage overhead line prohibited by OSHA regulations.
(B) The provisions of the National Electric Safety Code apply in
the interpretation of this article.
Section 58-27-1440. (A) If an unauthorized person or business
entity desires temporarily to carry on a function, an activity, work,
or an operation in closer proximity to a high voltage overhead line
than permitted by this article, the person or business entity
responsible for performing the work promptly shall notify by
certified mail the electric utility operating the line. The notice must
be sent to the person or office designated by the utility to receive
notice. The notice must be on a form provided by the utility. The
form may require information reasonably necessary for the utility to
respond to the request for arrangements but at a minimum must
require the name of the person whom the utility may contact for
further information and an address and phone number at which that
person may be contacted. All offices of the electric utility must
have available the forms on which notice is to be provided and the
name and address of the person or entity to which the notice is to
be sent.
(B) The person or business entity may perform the work only
after satisfactory mutual arrangements, including coordination of
work and construction schedules, have been made between the
electric utility operating the liens and the person or business entity
responsible for performing the work. Arrangements may include,
but are not limited to, placement of temporary mechanical barriers,
not attached to the high voltage line, to separate and prevent contact
between material, equipment, or persons and the high voltage
overhead lines or temporary de-energization and grounding or
temporary relocation or raising of the high voltage overhead lines.
The utility shall make the final determination as to which
arrangements are most feasible and appropriate under the
circumstances. However, the utility may determine that no
arrangements may be made to allow the proposed activity to be
carried out in a reasonably safe manner, and the utility may refuse
to enter into an agreement on that basis.
(C) The person or business entity responsible for performing the
work in the vicinity of the high voltage overhead lines shall pay
actual expenses of the electric utility operating the high voltage
overhead lines in providing arrangements as provided in this
section, except in instances where the electric utility operating the
lines has installed lines within a distance set by federal OSHA
regulations of an existing fixture or structure after the fixture or
structure has been in place at the permanent location. The utility
and the person or business entity responsible for performing the
work shall enter into a written agreement specifying the manner in
which payment is to be made and the arrangements to be
implemented. The electric utility may require that payment be
made before providing the arrangements.
(D) Unless otherwise agreed to, the electric utility shall
commence construction for providing arrangements within five
working days of receipt of payment. Once initiated, the clearance
work continues during normal business hours without unreasonable
interruption to completion, unless natural causes require emergency
work to reestablish service to existing customers. The person or
business entity responsible for the work may not commence work
until receipt of notice from the utility that the arrangements have
been implemented.
Section 58-27-1450. No unauthorized person, firm, corporation,
or association, individually, through an agent or employee, or as an
agent or employee, may operate or cause to be operated a crane, a
derrick, a power shovel, a drilling rig, a pile driver, hoisting
equipment, or similar apparatus, part of which is capable of vertical,
lateral, or swinging motion, that may reach high voltage overhead
electric lines, unless:
(1) The owner, agent, or employer responsible for the operation
of the equipment has posted and maintains a warning sign legible at
twelve feet and placed:
(a) within the equipment readily visible to the operator of the
equipment when at its controls;
(b) on the outside of the equipment in a number and location
readily visible to mechanics or other persons engaged in the work
operations;
(2) A person must be designated to observe clearance of the
equipment and give timely warning for all operations where it is
difficult for the operator to maintain the desired clearance by visual
means.
Section 58-27-1460. (A) An unauthorized person or business
entity or agent of the person or business entity who violates this
article may be subject to a civil penalty in an amount not to exceed
one thousand dollars to be imposed by the court in favor of the
State to be deposited in the general fund.
(B) A person or business entity responsible for the work who
violates the requirements of this article and whose subsequent
activities within the vicinity of high voltage lines result in damage
to utility facilities or result in injury or damage to a person or
property is strictly liable for injury or damage. The person or
business entity also shall indemnify the utility which owns or
operates the high voltage lines against all claims, if any, for
personal injury including death, property, damage, service
interruptions, costs and expenses, and attorneys' fees, incurred in
defending the claims resulting from work in violation of this article.
Section 58-27-1470. This article does not apply to construction,
reconstruction, operation, or maintenance by an authorized person
of overhead electrical or communication circuits or conductors and
their supporting structures or electrical generating, transmission, or
distribution systems or communication systems, to the collection of
trash or refuse using equipment designed for that purpose, to
highway vehicles or agricultural equipment which in normal use
incidentally may pass within the clearance limitation specified by
OSHA, or to governmental entities responding to an emergency
situation."
SECTION 2. This act takes effect upon approval by the
Governor.
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