State ex rel. Brilliant Electric Sign Co. v. Industrial Commission

The sole issue raised by the instant cause is whether the Industrial Commission misconstrued Rule IC-3-05.03 (A) (5) so as to violate the command of Section 35 of Article II of the Ohio Constitution* that safety requirements be specific.

Rule IC-3-05.03 (A) (5) provides in pertinent part:

“When it is necessary to move or operate derricks, cranes, or any other type of hoisting apparatus or construction equipment within twelve (12) feet of an electrical conductor carrying 110 volts or more, the employer shall:

*53“(a) Arrange * * * to deenergize the conductor(s) or,

“(h) Arrange * * * to move the…