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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.]








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