S 637 Session 110 (1993-1994)
S 0637 General Bill, By Drummond
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.
04/06/93 Senate Introduced and read first time SJ-7
04/06/93 Senate Referred to Committee on Labor, Commerce and
Industry SJ-7
04/22/93 Senate Committee report: Favorable Labor, Commerce and
Industry SJ-7
06/01/93 Senate Read second time SJ-63
06/01/93 Senate Ordered to third reading with notice of
amendments SJ-63
COMMITTEE REPORT
April 22, 1993
S. 637
Introduced by SENATOR Drummond
S. Printed 4/22/93--S.
Read the first time April 6, 1993.
THE COMMITTEE ON LABOR, COMMERCE AND
INDUSTRY
To whom was referred a Bill (S. 637), to amend the Code of Laws of
South Carolina, 1976, by adding Article 10 to Chapter 27, Title 58, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
J. VERNE SMITH, for Committee.
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 he 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.
-----XX----- |