O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
The purpose of this part is to prevent injury to persons and property and interruptions of utility service resulting from accidental or inadvertent contact with high-voltage electric lines by providing that no work shall be done in the vicinity of such lines unless and until the owner or operator thereof has been notified of such work and has taken one of the safety measures prescribed in this part.
History
(Code 1981, § 46-3-31, enacted by Ga. L. 1992, p. 2141, § 1.)
Annotations
Editor’s notes. - Ga. L. 1992, p. 2141, § 1, effective July 1, 1992, repealed former Code Section 46-3-31, which related to the protection of employees from accidental
contact with high voltage lines. The former Code section was based on Ga. L. 1960, p. 181, § 2; and Ga. L. 1981, Ex. Sess., p. 8, Code Enactment Act.
JUDICIAL DECISIONS Power company not liable if notice not given. - The 1992 ‘‘High-voltage Safety Act’’, O.C.G.A. § 46-3-30 et seq., immunizes a power company’s negligence of omission and commission in placement and maintenance of such lines when there has been no notice given; thus, liability was barred because there had been no notice. Williams v. Mitchell County Elec. Mbrshp. Corp., 255 Ga. App. 668, 566 S.E.2d 356 (2002), aff ’d, 276 Ga. 759, 582 S.E.2d 107 (2003).
Georgia High-voltage Safety Act, O.C.G.A. § 46-3-30 et seq., barred recovery in a wrongful death action as the decedent failed to give the statutory notice that decedent would be working within 10 feet of a sagging power line with which decedent came into contact and which electrocuted the decedent. Williams v. Mitchell County Elec. Mbrshp. Corp., 276 Ga. 759, 582 S.E.2d 107 (2003).
Notes of Decisions
Whitmire v. Georgia Power Co., 607 S.E.2d 213 (Ga. Ct. App. 2004).
· cites it 8× “OCGA § 46-3-31. Under the HVSA, "work" is defined as the physical act of performing or preparing to perform any activity under, over, by, or near high-voltage lines, including, but not limited to, the operation, erection, handling, storage, or transportation of any tools,…”
Preston v. Georgia Power Co., 489 S.E.2d 573 (Ga. Ct. App. 1997).
· cites it 4× “See former OCGA §§ 46-3-31 (Code Ann. § 34B-202); 46-3-32 (Code Ann.”
Allen v. King Plow Co., 490 S.E.2d 457 (Ga. Ct. App. 1997).
· cites it 4× “Moreover, this case involves King Plow's liability under OCGA §§ 46-3-31 to 46-3-33 (1982) and OCGA § 51-2-5(5), not under the Workers' Compensation Act.”
Pappas v. Hill-Staton Engineers, Inc., 358 S.E.2d 625 (Ga. Ct. App. 1987).
· cites it 2× “*259 Portions of the Crane Act directly relevant to the issue on appeal are OCGA §§ 46-3-31; 46-3-32; 46-3-33; and 46-3-39.”
Perry v. Georgia Power Co., 629 S.E.2d 588 (Ga. Ct. App. 2006).
· cites it 2× “) OCGA § 46-3-31. The HVSA relieves owners and operators from liability for “damage or loss to person or property resulting from work within ten feet of high-voltage lines unless notice has been given as required .”
Green v. Moreland, 407 S.E.2d 119 (Ga. Ct. App. 1991).
· cites it 2× “The only statutory duty that was owed to appellant’s deceased, the breach of which could be a proximate cause of his death, is that established by OCGA § 46-3-31: “No person or his agent shall require or permit any employee to perform any act [within eight feet of a high-voltage…”
Johnson v. Richardson, 414 S.E.2d 698 (Ga. Ct. App. 1992).
· cites it 2× “See also OCGA § 46-3-31. Appellant urges that a genuine issue of material fact remains as to appellee’s negligence per se in failing to fulfill these requirements.”
Glass Sys., Inc. v. Georgia Power Co., 703 S.E.2d 605 (Ga. 2010).
· cites it 2× “The purpose of the HVSA is set forth in OCGA § 46-3-31, which states as follows: The purpose of this part is to prevent injury to persons and property and interruptions of utility service resulting from accidental or inadvertent contact with high-voltage electric lines by…”
Williams v. Mitchell Cnty. Elec. Membership Corp., 582 S.E.2d 107 (Ga. 2003).
· cites it 2× “” The new statute includes OCGA § 46-3-31, which states the purpose of “providing that no work shall be done in the vicinity of such lines unless and until the owner or operator thereof has been notified of such work and has taken one of the safety measures prescribed in this…”
John a. Pferrman v. Bps of Tifton, Inc. (Ga. Ct. App. 2022).
· cites it 2× “OCGA § 46-3-31. To further that goal, the law provides that [n]o person, firm, or corporation shall commence any work as defined in paragraph (6) of Code Section 46-3-32 if at any time any person or any item specified in paragraph (6) of Code Section 46-3-32 may be brought…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.