50-3-1001. Part definitions.
As used in this part, 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;
(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, except 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; 2011, ch. 157, § 1; 2012, ch. 681, §§ 1, 4; T.C.A. § 68-103-101.
50-3-1002. Guarding against accidental contact by employee.
No person, firm, or corporation, or agent of a person, firm or corporation, shall require or permit any employee to perform any function in proximity to high-voltage overhead lines; to enter upon any land, building, or other premises and 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 overhead lines has been effectively guarded against in the manner prescribed in this part.
Acts 1955, ch. 289, § 2; T.C.A., §§ 53-2802, 68-21-102; Acts 2011, ch. 157, § 2; 2012, ch. 681, §§ 1, 4; T.C.A. § 68-103-102.
50-3-1003. Clearance or safeguard required.
(a) The operation, erection or transportation of any tools, machinery, or equipment, or any part of any tools, machinery, or equipment, 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 of any house or building, under, over, by or near high-voltage overhead lines, is expressly prohibited, if at any time during such operation, transportation or other manipulation it is possible to bring the equipment, tools, materials, building, or any part of the equipment, tools, materials or building, within ten feet (10′) of the high-voltage overhead lines, or the distance required by an applicable standard of the Tennessee occupational health administration, except where the high-voltage overhead 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;
(2) De-energizing the high-voltage conductors and grounding where necessary; or
(3) By insulating the lines.
(b) Only in the case of an exception referenced in subdivision (a)(1), (a)(2) or (a)(3) may the clearance required by subsection (a) be reduced. The clearance required by subsection (a) shall not be provided by movement of the conductors through strains impressed, by attachments or otherwise, upon the structures supporting the high-voltage overhead line nor upon any equipment, fixtures or attachments on the structures.
(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; Acts 2011, ch. 157, §§ 3, 4; 2012, ch. 681, § 4; T.C.A. § 68-103-103.
50-3-1005. 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 ten feet (10′), or the distance required by an applicable standard of the Tennessee occupational health administration, of any high-voltage overhead line, the person or persons responsible for the work to be done shall promptly notify the operator of the high-voltage overhead line of the work to be performed, and such person shall be responsible for the completion of the safety measures that are required by §§ 50-3-1002 and 50-3-1003, before proceeding with any work that would impair the clearance.
Acts 1955, ch. 289, § 5; T.C.A., §§ 53-2805, 68-21-105; Acts 2011, ch. 157, §§ 6, 7; 2012, ch. 681, §§ 2, 4; T.C.A. § 68-103-105.
50-3-1006. Enforcement.
The commissioner shall administer and enforce this part and the commissioner is empowered to prescribe and promulgate rules and regulations consistent with this part.
Acts 1955, ch. 289, § 6; T.C.A., §§ 53-2806, 68-21-106; Acts 2012, ch. 681, §§ 1, 4; T.C.A. § 68-103-106.
50-3-1007. Violation of part.
A violation of any provision of this part is a violation of § 50-3-105(1).
Acts 1955, ch. 289, § 7; T.C.A., § 53-2807; Acts 1989, ch. 591, § 112; T.C.A., § 68-21-107; Acts 2011, ch. 157, § 8; 2012, ch. 681, §§ 1, 4; T.C.A. § 68-103-107.
50-3-1008. Operations exempt.
This part 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 that 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 ten feet (10′), or the distance required by an applicable standard of the Tennessee occupational health administration, from any high-voltage overhead conductor of such railway system; but this part shall be construed as prohibiting normal repair or construction operations at a distance of less than ten feet (10′), or the distance required by an applicable standard of the Tennessee occupational health administration, from any high-voltage overhead 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 §§ 50-3-1002 — 50-3-1005.
Acts 1955, ch. 289, § 8; T.C.A., §§ 53-2808, 68-21-108; Acts 2011, ch. 157, § 9; 2012, ch. 681, §§ 1, 3, 4; T.C.A. § 68-103-108.
