68-103-101. Definitions.
As used in this chapter, unless the context otherwise
requires:
(1)
"Approved" means approved by the commissioner;
(2)
"Commissioner" means the commissioner of labor and workforce development
or any of the commissioner's authorized representatives;
(3)
"Department" means the department of labor and workforce development or
the division of engineering and safety;
(4)
"High-voltage" means a voltage in excess of seven hundred fifty (750)
volts between conductors or from any conductor to ground; and
(5) "Overhead lines" means all bare or insulated electrical
conductors installed above ground, excepting those conductors that are enclosed
in approved metal covering.
[Acts 1955, ch. 289, § 1; T.C.A., §§ 53-2801, 68-21-101;
Acts 1999, ch. 520, § 46.]
68-103-102. Guarding against accidental contact by
employee.
No person, firm, or corporation, or agent of same, shall
require or permit any employee to perform any function in proximity to
high-voltage lines; to enter upon any land, building, or other premises and
there to engage in any excavation, demolition, construction, repair or other
operation; or to erect, install, operate, or store in or upon such premises any
tools, machinery, equipment, materials, or structures, including house moving,
well drilling, pile driving or hoisting equipment, unless and until danger from
accidental contact with such high-voltage lines has been effectively guarded
against in the manner hereinafter prescribed.
[Acts 1955, ch. 289, § 2; T.C.A., §§ 53-2802, 68-21-102.]
68-103-103. Clearance or safeguard required.
(a)
The operation, erection or transportation of any tools, machinery, or
equipment, or any part thereof capable of vertical, lateral or swinging motion,
the handling, transportation or storage of any supplies, materials or apparatus,
or the moving of any house or other building, or any part thereof, under, over,
by or near high-voltage lines, is hereby expressly prohibited, if at any time
during such operation, transportation or other manipulation it is possible to
bring such equipment, tools, materials, building, or any part thereof, within
six feet (6') of such high-voltage lines, except where such high-voltage lines
have been effectively guarded against danger from accidental contact, by
either: (1) The erection of mechanical barriers to prevent physical contact
with high-voltage conductors; or (2) De-energizing the high-voltage conductors
and grounding where necessary.
(b)
Only in the case of either such exception may the six-foot (6')
clearance required be reduced. The required six-foot (6') clearance shall not be
provided by movement of the conductors through strains impressed, by attachments
or otherwise, upon the structures supporting the high-voltage line nor upon any
equipment, fixtures or attachments thereon.
(c)
If temporary relocation of the high-voltage conductors is necessary,
appropriate arrangements shall be made with the owner or operator of the
overhead line for such temporary relocation.
[Acts 1955, ch. 289, § 3; T.C.A., §§ 53-2803, 68-21-103.]
68-103-104. Warning sign required.
The owner, agent or employer responsible for the operations
of equipment shall post and maintain in plain view of the operator on each
crane, derrick, power shovel, drilling rig, hay loader, hay stacker, pile
driver, or similar apparatus, any part of which is capable of vertical, lateral
or swinging motion, an approved durable warning sign legible at twelve feet
(12') reading, "Unlawful to operate this equipment within six feet (6') of
high-voltage lines"; provided, that this requirement 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 §
68-103-108.
[Acts 1955, ch. 289, § 4; T.C.A., §§ 53-2804, 68-21-104.]
68-103-105. Notification to power company and
responsibility for safeguards.
When any operations are to be performed, tools or materials
are to be handled, or equipment is to be moved or operated, within six feet (6')
of any high-voltage line, the person or persons responsible for the work to be
done shall promptly notify the operator of the high-voltage line of the work to
be performed, and such person shall be responsible for the completion of the
safety measures, which are required by §§
68-103-102 and
68-103-103, before proceeding with any work which would impair the
aforementioned clearance.
[Acts 1955, ch. 289, § 5; T.C.A., §§ 53-2805, 68-21-105.]
68-103-106. Enforcement.
The commissioner shall administer and enforce the
provisions of this chapter and the commissioner is hereby empowered to prescribe
and promulgate rules and regulations consistent herewith.
Acts 1955, ch. 289, § 6; T.C.A., §§ 53-2806, 68-21-106.]
68-103-107. Penalty for violations.
A violation of any provision of this chapter is a Class B
misdemeanor.
[Acts 1955, ch. 289, § 7; T.C.A., § 53-2807; Acts 1989, ch.
591, § 112; T.C.A., § 68-21-107.]
68-103-108. Operations exempt.
This chapter shall not be construed as applying to, shall
not apply to, and is not intended to apply to, the construction, reconstruction,
operation, 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,
firm or corporation 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, at
a distance of less than six feet (6') from any high-voltage conductor of such
railway system; but this chapter shall be construed as prohibiting normal repair
or construction operations at a distance of less than six feet (6') from 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 of §§
68-103-102 -
68-103-105.
[Acts 1955, ch. 289, § 8; T.C.A., §§ 53-2808, 68-21-108.]
