PRINTER'S NO. 1017
No. 894 Session of 1975
INTRODUCED BY ENGLEHART, VALICENTI, NOVAK, FEE, MANDERINO,
DOMBROWSKI, BELLOMINI, GILLETTE, COWELL, ROMANELLI,
M. E. MILLER, HASKELL, TRELLO, ABRAHAM, BLACKWELL, ROSS,
WARGO, MUSTO, MRKONIC, FLAHERTY AND FISCHER, MARCH 20, 1975
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 20, 1975
AN ACT
1 Relating to the safety of workmen in the construction and
2 maintenance of electric service, ensuring that consumers will
3 receive more adequate and reliable electric service and
4 conferring powers and imposing duties on the Department of
5 Labor and Industry and courts of common pleas.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short Title.--This act shall be known and may be
9 cited as the "Electrical Workmen's Safety Act."
10 Section 2. Definitions.--As used in this act:
11 "Department" means the Department of Labor and Industry of
12 the Commonwealth of Pennsylvania and its authorized
13 representatives.
14 "Employer" means any person, partnership, unincorporated
15 association or corporation or any other entity whose electrical
16 system is used entirely for its own business purposes and not
17 for the resale of electrical energy and any public utility
18 providing telephone or electrical service.
1 "Energized line" means any conductor connected to any source
2 of potential electrical current and used in the transmission of
3 any supply of electrical energy either above or below the
4 surface of the earth.
5 "Night" means that part of the natural day which is regarded
6 as the time between sunset and sunrise.
7 "Qualified workman" means any person who possesses the skill
8 or experience to perform the duties of a top journeyman or first
9 class lineman in the electrical utility industry.
10 "Voltage" means the highest effective voltage between any two
11 conductors of the circuit concerned.
12 Section 3. Safety Requirements.--All employers shall provide
13 for two qualified workmen in the following circumstances:
14 (1) Where workmen are assigned to any job on energized lines
15 and/or equipment carrying a load above 300 volts.
16 (2) Where workmen are assigned to any job at night on or
17 near energized lines and/or equipment.
18 Section 4. Enforcement and Remedies.--(a) The department
19 shall have the power and its duty shall be to administer and
20 enforce the provisions of this act and to adopt such rules,
21 regulations and procedures as shall be necessary to carry out
22 the purposes and provisions of this act.
23 (b) If the department has not acted within the time
24 established to enforce any violation under this act, any
25 aggrieved qualified workman or his legal representative may
26 petition the court of common pleas within the county where the
27 violation occurred either for an injunction against an alleged
28 violation or for redress which shall be in addition to any other
29 remedy provided by law.
30 (c) Where action is brought under subsection (a) and the
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1 employer is found in violation of this act by the department,
2 there shall be an additional requirement of the employer to
3 provide double indemnity provisions under The Pennsylvania
4 Workmen's Compensation Act for all employees; and, on each
5 additional violation thereafter, there shall be a penalty
6 imposed at the rate of $5,000 for each violation.
7 (d) Where an action is brought under subsection (b) and the
8 employer is found in violation of this act, the employer shall
9 be assessed with the costs, reasonable attorneys' and witnesses'
10 fees and expenses and reimbursement to the aggrieved for any
11 moneys or wages lost by virtue of having to appear in court.
12 Section 5. Repealer.--All acts and parts of acts are
13 repealed in so far as they are inconsistent herewith.
14 Section 6. Effective Date.--This act shall take effect
15 immediately.
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