N.Y. General Business Law 484 – Enforcement
§ 484. Enforcement. 1. a. For the purpose of administering and enforcing the provisions of this article with respect to lasers, cranes, blasters and pyrotechnicians, the commissioner of labor shall have and may use all of the powers conferred upon him or her by the labor law, in addition to the powers conferred herein.
Terms Used In N.Y. General Business Law 484
- Commissioner: means the commissioner of labor of the state of New York, except that any reference to the commissioner with respect to radioactive material, as defined in this article, or radiation equipment, as defined in this article, shall be a reference to the commissioner of health of the state of New York. See N.Y. General Business Law 481
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Crane: includes but is not limited to cranes and equipment of the following types: a mobile, carrier-mounted, power-operated hoisting machine utilizing a power-operated boom which moves laterally by rotation of the machine on the carrier, tower cranes, hydraulic cranes and power-operated derricks; provided, however, that "crane" shall not include public utility company line trucks used by a public utility company in the construction and maintenance of its generation, transmission and distribution facilities. See N.Y. General Business Law 481
b. For the purpose of administering and enforcing the provisions of this Article of the powers conferred upon him or her by the public health law, in addition to the powers conferred in this article.
2. Any person who violates any provision of this article or of any rule or regulation of the commissioner promulgated hereunder or of any rule or regulation promulgated pursuant to paragraph b of subdivision two of section four hundred eighty-five of this article shall be guilty of a misdemeanor, and upon conviction shall be punished, by a fine of not more than one thousand dollars; for a second offense by a fine of not less than one thousand nor more than three thousand dollars, or by imprisonment for not more than one year or by both such fine and imprisonment; for a subsequent offense by a fine of not less than three thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.
3. Where the employer, contractor or agent thereof permitting a violation of any provision of this article or of any rule or regulation of the commissioner promulgated hereunder or of any rule or regulation promulgated pursuant to paragraph b of subdivision two of section four hundred eighty-five of this article shall be a corporation, then in addition to the corporation, the officer or agent of such corporation who knowingly permits the corporation to violate such provisions is guilty of a misdemeanor; and upon conviction thereof shall be punished for a first offense by a fine of not more than one thousand dollars; for a second offense by a fine of not less than one thousand nor more than three thousand dollars, or by imprisonment for not more than one year or by both such fine and imprisonment; for a subsequent offense by a fine of not less than three thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment.
4. (a) Any person who operates a crane without a certificate of competence issued by the commissioner of labor as required by section four hundred eighty-two of this article shall be deemed to have violated this article. The commissioner may impose a civil penalty upon such person of no more than one thousand dollars for the initial violation, no more than two thousand dollars for the second violation, and no more than three thousand dollars for a third or subsequent violation.
(b) Any employer, contractor or agent thereof who willfully permits a person to operate a crane without a certificate of competence issued by the commissioner of labor as required by section four hundred eighty-two of this article shall be deemed to have violated this article. The commissioner may impose a civil penalty upon such employer, contractor, or agent of no more than five thousand dollars for the initial violation, and no more than ten thousand dollars for a second or subsequent violation.
(c) When two final determinations have been rendered under this section against a person who operates a crane in violation of this article, such person shall be ineligible to apply for a certificate of competence from the commissioner of labor for a period of two years from the date of the second final determination.