MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Utilities; Judiciary

By: Senator(s) Robertson

AN ACT TO AMEND SECTIONS 45-15-11 AND 45-15-13, MISSISSIPPI CODE OF 1972, TO PROVIDE ENHANCED PROTECTION OF PERSONS WORKING AROUND HIGH VOLTAGE POWER LINES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 45-15-11, Mississippi Code of 1972, is amended as follows:

45-15-11. No person shall use or operate any tools, equipment, crane, derrick, power shovel, drilling rig, pile driver, hoisting equipment, or similar apparatus, or any part thereof, * * * within ten (10) feet of any high voltage overhead line, unless:

(a) There is posted and maintained a warning sign, as herein defined, clearly legible and placed as follows:

(i) Within the equipment readily visible to the operator of such equipment when at the controls of such equipment; and

(ii) On the outside of the equipment in such number and location as to be readily visible to mechanics or other persons engaged in the work operations;

(b) There is installed an insulated cage-type guard or protective device about the boom or arm of all equipment, except backhoes or dippers and, where the equipment includes a lifting hook device, all lifting lines are equipped with insulator links on the lift hook connection; * * *

(c) A person is designated to observe clearance of the equipment from any nearby high voltage overhead lines and to give timely warning for all operations where it is difficult by visual means for the operator to determine and to maintain the required clearance; and

(d) Before work is begun, the person whose work could come within ten (10) feet of any high voltage overhead line shall ascertain whether any part of any high voltage overhead line is so located that the performance of the work might bring any person, tools, equipment, crane, derrick, power shovel, drilling rig, pile driver, hoisting equipment, or similar apparatus, or any part thereof, into physical or electrical contact with the high voltage overhead lines, whereupon he shall advise employees of the location of such high voltage overhead lines, the hazards involved, and the protective measures to be taken.

SECTION 2. Section 45-15-13, Mississippi Code of 1972, is amended as follows:

45-15-13. (1) Any person who knowingly violates this chapter may be subject to a civil penalty in an amount not to exceed Five Thousand Dollars ($5,000.00) to be imposed by a court of competent jurisdiction against said person and such penalty shall be deposited in the General Fund.

(2) Any electric utility sued in a civil action as a result of injury, death or damage to any person or property from contact with a high voltage overhead line shall have a right of action against any person whose violation of this chapter or negligence was a proximate contributing cause of such injury, death or damage for the portion of damages attributable to that person's violation of this chapter or negligence for which the electric utility has been or might be held liable; the right of action may be asserted at any time. However, the electric utility may not recover any portion of such damages which is attributable to its own negligence. In addition, any electric utility so sued shall have the right to join as a third-party in the civil action against the electric utility any person who is or might be liable to the electric utility under the provisions of this chapter. In all cases against the electric utility, at the request of any party, the finder of fact shall allocate under Section 85-5-7 the causal fault of the violator of the chapter, without regard to whether the violator has been joined as a party. The right of action created hereby shall not be available against persons who comply with the provisions of this chapter * * *.

(3) Nothing contained in this chapter shall be construed to alter, amend, restrict or limit the liability of persons as defined herein for violation of his duty under current law to use a high degree of care in the construction, maintenance and supply of electricity; nor shall any person be relieved from liability as a result of violations of standards under existing law regarding the construction, maintenance and supply of electricity, where such failure to use a high degree of care or violations of existing standards are found to be a cause of damage to property, personal injury or death.

(4) Other than an electric utility filing a claim under this chapter, nothing contained herein shall be construed to alter, amend or expand in any way the provisions of Section 71-3-9, Mississippi Code of 1972, as to an employee, his legal representative, husband or wife, parents, dependents, next of kin or anyone otherwise entitled to recover damages at common law or otherwise from such employer on account of such injury or death.

(5) Nothing contained herein shall be considered as a waiver of immunity in whole or in part as to any governmental entity or construed to alter, amend, restrict or limit in any way the protections provided in Sections 11-46-1 et seq., Mississippi Code of 1972.

(6) The provisions contained in this chapter do not apply to construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communication systems.

SECTION 3. This act shall take effect and be in force from and after its passage.