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.
As used in this part, the term: (1) ‘‘High-voltage lines’’ means an electric line or lines installed above ground level having a voltage in excess of 750 volts between conductors or from any conductor to ground. (2) ‘‘Notice’’ means actual notification given to the center. (3) ‘‘Person responsible for the work’’ means the person actually doing the work as well as any person, firm, or corporation who employs and carries on his payroll any person actually doing the work or who
employs a subcontractor who actually does the work; provided, however, that this term does not mean one who is exempted under Code Sections 46-3-37 and 46-3-38. (4) ‘‘Utilities protection center’’ or ‘‘center’’ means the corporation or other organization formed by utilities which receives advance notifications regarding work and distributes such notifications to its utility members. (5) ‘‘Utility’’ means any person operating or maintaining high-voltage lines within the state. (6) ‘‘Work’’ means 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, machinery, ladders, antennas, equipment, supplies, materials, or apparatus or the moving of any house or other structure whenever such activity is done by a person or entity in pursuit of his trade or business.
History
(Ga. L. 1960, p. 181, § 1; Ga. L. 1974, p. 153, § 1; Code 1981, § 46-3-30; Code 1981, § 46-3-32, as redesignated 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 L. 1992, p. 2141, § 1, effective July 1, 1992, repealed former Code Section 46-3-32, which concerned clearance requirements for the operation, handling, etc., of tools, machinery, etc., and the moving of houses, buildings, or other structures over, under, by, or near
high-voltage lines and the safeguarding against accidental contact. The former Code section was based on Ga. L. 1960, p. 181, § 3; Ga. L. 1981, Ex. Sess., p. 8, Code Enactment Act; and Ga. L. 1984, p. 22, § 46; and Ga. L. 1992, p. 6, § 46.
JUDICIAL DECISIONS ‘‘Person responsible’’. - An employee as well as the employer may in some circumstances be a ‘‘person responsible’’ for notifying the line owner or operator under O.C.G.A. §§ 46-3-32 and 46-3-33. Malvarez v. Georgia Power Co., 250 Ga. 568, 300 S.E.2d 145 (1983), superceded by statute as stated in Williams v. Mitchell County Elec. Mbrshp. Corp., 279 Ga. 759, 582 S.E.2d 107 (2003). But see Preston v. Georgia Power Co., 227 Ga. App. 449, 489 S.E.2d 573 (1997), cert. denied, 525 U.S. 869, 119 S. Ct. 163, 142 L. Ed. 2d 134 (1998); Santana v. Georgia Power Co., 269 Ga. 127, 498 S.E.2d 521 (1998). The phrase ‘‘person responsible for the work to be done’’ is defined in paragraph (2) (now paragraph (3)) of O.C.G.A. § 46-3-32 and, when read in conjunction with O.C.G.A. § 46-3-33(a), requires the person or persons immediately responsible for the operation of machinery within eight feet
of a high-voltage line to give notice. Green v. Moreland, 200 Ga. App. 167, 407 S.E.2d 119 (1991). ‘‘Work’’. - Farmer who was electrocuted by a sagging high-voltage power line was engaged in work within the meaning of O.C.G.A. § 46-3-32(6) as the individual was a farmer, using the farmer’s own equipment to harvest a neighbor’s field of cotton, and thus was obviously engaged in the farmer’s customary trade; accordingly, the farmer was required under provisions of the Georgia High-voltage Safety Act, O.C.G.A. § 46-3-30 et seq., to give notice to the owner of high-voltage power lines before coming within 10 feet of the power lines. Williams v. Mitchell County Elec. Mbrshp. Corp., 276 Ga. 759, 582 S.E.2d 107 (2003). Cited in Parsons, Brinckerhoff, Quade & Douglas, Inc. v. Johnson, 161 Ga. App. 634, 288 S.E.2d 320 (1982); Colquitt Elec. Mem-
bership Corp. v. Cvengros, 165 Ga. App. 649, 302 S.E.2d 407 (1983); Allen v. King Plow
Co., 227 Ga. App. 795, 490 S.E.2d 457 (1997).
RESEARCH REFERENCES C.J.S. - 29 C.J.S., Electricity, § 1.
Notes of Decisions
Whitmire v. Georgia Power Co., 607 S.E.2d 213 (Ga. Ct. App. 2004).
· cites it 64× “Referring specifically to this definition of work, the HVSA further provides that No 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…”
Preston v. Georgia Power Co., 489 S.E.2d 573 (Ga. Ct. App. 1997).
· cites it 16× “[3] OCGA § 46-3-33 provides in pertinent part: "No 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 within ten feet of…”
Pappas v. Hill-Staton Engineers, Inc., 358 S.E.2d 625 (Ga. Ct. App. 1987).
· cites it 8× “” OCGA § 46-3-32 prescribes certain protective measures to be taken by the owner or operator of the line (here, EMC); OCGA § 46-3-33 mandates that “the person or persons responsible for the work to be done [here, Hill-Staton and Staton] shall promptly notify the owner or…”
Santana v. Georgia Power Co., 498 S.E.2d 521 (Ga. 1998).
· cites it 4× “1 OCGA § 46-3-32 (4): “ “Utilities protection center’ or ‘center’ means the corporation or other organization formed by utilities which receives advance notifications regarding work and distributes such notifications to its utility members.”
Malvarez v. Georgia Power Co., 300 S.E.2d 145 (Ga. 1983).
· cites it 4× “” Carden v. Ga. Power, supra, at 457. One whose injury is caused by negligent installation or maintenance of high-voltage lines, even where such injury occurs while engaged in acts enumerated in OCGA § 46-3-32 (Code Ann.”
Williams v. Mitchell Cnty. Elec. Membership Corp., 566 S.E.2d 356 (Ga. Ct. App. 2002).
· cites it 4× “Further, now OCGA § 46-3-32 (3) applies to “the person actually-doing the work,” so that such worker must give notice if the owner, contractor, or subcontractor does not give notice.”
Leonardson v. Georgia Power Co., 436 S.E.2d 690 (Ga. Ct. App. 1993).
· cites it 2× “), “[o]ne whose injury is caused by negligent installation or maintenance of high-voltage lines, even where such injury occurs while engaged in acts enumerated in OCGA § 46-3-32 . . . within [ten] feet of the lines [OCGA § 46-3-33], is not barred [from recovery] by failure to…”
Dalton v. 933 Peachtree, L.P., 661 S.E.2d 156 (Ga. Ct. App. 2008).
· cites it 4× “OCGA § 46-3-32 (3) applies to “the person actually doing the work,” so that such worker must give notice if the *129 owner, contractor, or subcontractor does not give notice.”
Brown v. City of Fitzgerald, 341 S.E.2d 476 (Ga. Ct. App. 1986).
· cites it 2× “OCGA § 46-3-33 requires that a person responsible for work to be done within eight feet of high voltage electrical lines notify the owner or operator of such lines of his intention to perform the work.”
Jackson Elec. Membership Corp. v. Smith, 576 S.E.2d 878 (Ga. 2003).
· cites it 2× “See OCGA §§ 46-3-32 (4), 46-3-34 (a), (b). The statute provides that UPC must forward contractor-notices to the appropriate utility so that the utility can take appropriate safety precautions such as de-energizing overhead power lines during the specified period of work.”
Lynch v. Georgia Power Co., 348 S.E.2d 719 (Ga. Ct. App. 1986).
· cites it 2× “The trial court held that despite the power company’s contention that it complied with the applicable provisions of the National Electric Safety Code and that it had not received notification of Lynch’s activities as required by OCGA § 46-3-32 (a), a genuine issue of material…”
— 46-3-32(1) — 1 case
Whitmire v. Georgia Power Co., 607 S.E.2d 213 (Ga. Ct. App. 2004).
“Referring specifically to this definition of work, the HVSA further provides that No 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…”
— 46-3-32(2) — 1 case
Whitmire v. Georgia Power Co., 607 S.E.2d 213 (Ga. Ct. App. 2004).
“Referring specifically to this definition of work, the HVSA further provides that No 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…”
— 46-3-32(3) — 2 cases
Preston v. Georgia Power Co., 489 S.E.2d 573 (Ga. Ct. App. 1997).
“[3] OCGA § 46-3-33 provides in pertinent part: "No 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 within ten feet of…”
— 46-3-32(4) — 1 case
Whitmire v. Georgia Power Co., 607 S.E.2d 213 (Ga. Ct. App. 2004).
“Referring specifically to this definition of work, the HVSA further provides that No 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…”
— 46-3-32(6) — 2 cases
Whitmire v. Georgia Power Co., 607 S.E.2d 213 (Ga. Ct. App. 2004).
“Referring specifically to this definition of work, the HVSA further provides that No 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…”
Preston v. Georgia Power Co., 489 S.E.2d 573 (Ga. Ct. App. 1997).
“[3] OCGA § 46-3-33 provides in pertinent part: "No 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 within ten feet of…”
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