PRINTER'S NO. 87
No. 93 Session of 1999
INTRODUCED BY SALVATORE, TARTAGLIONE AND MUSTO, JANUARY 11, 1999
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JANUARY 11, 1999
AN ACT
1 Regulating activity around overhead high voltage lines; and
2 providing for violation and enforcement.
3 The General Assembly finds and declares as follows:
4 (1) Each year accidents occur throughout this
5 Commonwealth involving inadvertent contact with overhead
6 electric lines. These accidents involve both direct human
7 contact as well as contact by tools, material, various
8 objects, mechanical equipment or the loads carried by that
9 equipment.
10 (2) Such contact accidents have a significant potential
11 for resulting in serious, often fatal, bodily injury as well
12 as substantial property damage.
13 (3) The Commonwealth has experienced considerable
14 success in averting contact accidents involving underground
15 utility lines through the enactment of "one call" legislation
16 which requires advance notice to utility line owners of
17 intended excavation activity in proximity to those lines and
18 further requires the owners to undertake appropriate measures
1 before excavation may be commenced.
2 (4) Approximately 26 states have enacted legislation
3 with respect to overhead electric lines which, in addition to
4 prescribing safe clearance distances, mandates that, where
5 work or activity will or may occur in closer proximity than
6 the prescribed distances, advance notice must be given to the
7 overhead line owner and appropriate precautionary measures
8 taken prior to commencement of any work or activity.
9 (5) The safety of workers and the public in this
10 Commonwealth will be enhanced substantially by enactment of
11 legislation requiring such advance notification and the
12 performance of appropriate precautionary measures.
13 It is the intent of this act to improve occupational and public
14 safety in this Commonwealth by reducing accidents involving
15 contact with overhead electric lines. The severe and often fatal
16 injuries that can result from these accidents make it imperative
17 that the Commonwealth's public policy be directed toward this
18 objective.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Short title.
22 This act shall be known and may be cited as the Overhead High
23 Voltage Line Act.
24 Section 2. Definitions.
25 The following words and phrases when used in this act shall
26 have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Authorized person." Includes:
29 (1) An employee of a public utility which produces,
30 transmits or distributes electricity.
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1 (2) An employee of a public utility which provides and
2 whose work involves communication services or a State, county
3 or municipal agency which has authorized communication
4 circuit construction on or near the poles or structures of a
5 public utility.
6 (3) An employee of an industrial, commercial or
7 institutional facility whose work relates to the electrical
8 system of that facility.
9 (4) An employee of a cable television or communication
10 services company authorized by the owner of the poles to make
11 cable television or communication services attachments.
12 (5) An employee or agent of a State, county,
13 municipality or municipal agency which has or whose work
14 relates to overhead electrical lines or conductors on poles
15 or structures of any type.
16 (6) A person or an employee of an organization, which
17 person or organization is authorized by a public utility,
18 State, county, municipality or municipal agency, industrial,
19 commercial or institutional facility, or cable television or
20 communication services company to act on its behalf in
21 performance of work described in paragraphs (1) through (5).
22 "High voltage." Voltage in excess of 750 volts measured
23 between conductors or between a conductor and the ground.
24 "KV." The higher of the nominal conductor-to-conductor or
25 conductor-to-ground voltage rating of a high voltage overhead
26 line, expressed in thousands of volts.
27 "Overhead line." All bare or insulated electrical conductors
28 installed aboveground.
29 "Person" or "business entity." A person or entity who
30 performs any activity for compensation which may require him,
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1 his employees or any tool, material, object or equipment to be
2 in proximity with an overhead line.
3 "Public utility." Public utility corporations and those
4 cooperative corporations, municipalities and municipal
5 authorities which provide services of a public utility nature.
6 Section 3. Activity near overhead line; safety regulations.
7 Unless danger against contact with high voltage overhead
8 lines has been effectively guarded against as provided under
9 section 4:
10 (1) A person or business entity, individually, through
11 an agent or employee, or as an agent or employee, shall not:
12 (i) require or permit any person to perform any
13 activity upon land, building, highway or other property
14 or structure if at any time during the performance of any
15 activity it is possible that the person performing the
16 function or activity could move or be placed closer to
17 any high voltage overhead line or if it is possible that
18 any part of any tool, object or material used by the
19 person could be brought closer to any high voltage
20 overhead line during the performance of any function or
21 activity than the following clearances indicated in
22 subparagraph (ii); or
23 (ii) operate or permit to be operated any mechanical
24 equipment or hoisting equipment or any load of such
25 equipment, any part of which is capable of vertical,
26 lateral or swinging motion, closer to any high voltage
27 overhead line than the following clearances:
28 (A) For lines rated 50 KV or less, 10 feet of
29 clearance.
30 (B) For lines rated over 50 KV, 10 feet plus .4
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1 inch for each KV over 50 KV.
2 (2) Nothing in this act is intended to derogate or
3 conflict with the provisions of any other applicable statute
4 or regulation specifically including the Occupational Safety
5 and Health Act of 1970 (Public Law 91-596, 29 U.S.C. § 651 et
6 seq.) and pertinent regulations thereunder. In any case of
7 such derogation or conflict, those superior provisions in
8 furtherance of the objectives of this act shall prevail.
9 Section 4. Activity in close proximity to lines; clearance
10 arrangements; procedure; payment; notice.
11 (a) Notice.--If any person or business entity desires to
12 temporarily carry on any function, activity, work or operation
13 in closer proximity to any high voltage overhead line than
14 permitted by this act, the person or business entity responsible
15 for performing the work shall promptly notify the public utility
16 operating the high voltage overhead line. The person or business
17 entity may perform the work only after satisfactory mutual
18 arrangements, including coordination of work and construction
19 schedules, have been made between the public utility operating
20 the lines and the person or business entity responsible for
21 performing the work. Arrangements may include:
22 (1) placement of temporary mechanical barriers or
23 protective equipment to separate and/or prevent contact
24 between material, equipment or persons and the high voltage
25 overhead lines;
26 (2) temporary de-energization and grounding of the high
27 voltage overhead line;
28 (3) temporary relocation or raising of the high voltage
29 overhead line; or
30 (4) installation of proximity warning devices.
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1 (b) Continuing requirements.--The requirements for
2 notification set forth in subsection (a) are continuing. Notice
3 given of work in one location within a site or project does not
4 constitute notice of work elsewhere on that site or project, nor
5 shall it constitute notice of work to be performed at an earlier
6 or later date within that site or project. A separate notice
7 shall be given for each location together with the dates such
8 work is to be performed within a site or project.
9 (c) Reimbursement.--The public utility may require
10 reimbursement from the person or business entity responsible for
11 performing the work in the vicinity of the high voltage overhead
12 lines of all costs of the public utility operating the high
13 voltage overhead lines in providing arrangements for clearances.
14 The public utility is not required to provide the arrangements
15 for clearances until an agreement for payment has been made
16 where payment is allowed and required under this section.
17 (d) Timetable.--The public utility shall commence
18 construction for temporary clearances within ten calendar days
19 of an agreement for payment, if required, or from the date of
20 the request of the person responsible for the work if payment of
21 costs is not required.
22 Section 5. Regulations; enforcement.
23 This act shall be enforced by the Department of Labor and
24 Industry, which shall promulgate regulations necessary to carry
25 out the provisions of this act.
26 Section 6. Violation.
27 (a) Liability.--If a violation of this act results in
28 physical or electrical contact with any high voltage overhead
29 line, the person or business entity violating this act is liable
30 to and shall indemnify the public utility operating the high
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1 voltage overhead line for all damages to the facilities and all
2 costs and expenses, including damages to third persons for
3 injuries or death, incurred by the public utility as a result of
4 the contact.
5 (b) Indemnification.--In any claim or action for damages,
6 injury or death brought by any person against a public utility
7 which produces, transmits or distributes electricity arising out
8 of circumstances related to this act, the public utility shall
9 have the right to join, for purposes of indemnification and
10 contribution, the employer of such person or to initiate a
11 separate action for indemnification and contribution.
12 Section 7. Exemptions.
13 This act does not apply to construction, reconstruction,
14 operation or maintenance by an authorized person of overhead
15 electrical or communication circuit or conductors and their
16 supporting structures or electrical generating, transmission or
17 distribution systems or communication systems.
18 Section 8. Effective date.
19 This act shall take effect in 90 days.
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