2020 New York Laws
GBS - General Business
Article 28-D - Lasers, Radiation, Crane Operators and Blasters
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.
  b.  For  the  purpose of administering and enforcing the provisions of
this  article  with  respect  to  radioactive  material  and   radiation
equipment  the  commissioner of health shall have and may use all 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.