N.Y. Comp. Codes R. & Regs. tit. 12, § 23-9.4 – Power shovels and backhoes used for material handling.

(1) Such equipment shall be thoroughly inspected by designated persons at intervals not exceeding three months.
(2) Inspection and repair of each such machine shall be performed with the motor stopped and with the boom lowered and adequately supported.
(3) A written, dated record of the most recent inspection of each such machine shall be made on a form supplied by the commissioner and shall be signed by the designated person making such inspection. Such written record shall be kept on the job site available for examination by the commissioner.
(c) Footing.
Firm, level and stable footing shall be provided for each such machine. Where such footing is not otherwise supplied, it shall be provided by substantial timbers, cribbing or other structural members in sufficient numbers and of sufficient size to distribute the load so as not to exceed the safe bearing capacity of the underlying material.
(d) Hoisting mechanism brakes and locking devices.
(1) Such equipment shall be provided with brakes or equivalent devices capable of sustaining at rest one and one-half times the maximum rated load.
(2) Hand or foot operated brakes or equivalent devices shall be provided with substantial locking mechanisms to lock such brakes or equivalent devices while they are engaged.
(e) Attachment of load.
(1) Any load handled by such equipment shall be suspended from the bucket or bucket arm by means of wire rope having a safety factor of four.
(2) Such wire rope shall be connected by means of either a closed shackle or a safety hook capable of holding at least four times the intended load.
(f) Limitation on modifications.
No modifications affecting the load handling capacity of such machines shall be made unless the modification is certified by either the manufacturer of the equipment or by a professional engineer licensed to practice in the State of New York.
(g) Capacity.
No load shall be lifted by such equipment that exceeds the maximum load specified by the manufacturer of such equipment.
(h) General operation.
(1) Any load lifted by such equipment shall be raised in a vertical plane to minimize swing during hoisting.
(2) Such equipment shall not travel with a suspended load except on surfaces which conform to the requirements of subdivision (c) of this section.
(3) Ignition locks or equivalent means shall be provided to prevent unauthorized use of such equipment.
(4) Unauthorized persons shall not be permitted in the cab or immediately adjacent to any such equipment in operation.
(5) Carrying or swinging suspended loads over areas where persons are working or passing is prohibited.
(6) Operation near power lines or power facilities shall be in compliance with this Part (rule).

Where power shovels and backhoes are used for material handling, such equipment and the use thereof shall be in accordance with the following provisions:

(a) Strength.

Such equipment shall be so constructed, placed and operated as to be stable. Such equipment shall not be stressed beyond their capacities as determined by the manufacturers.

(b) Inspection.