In Copp v. City of Elmira (31 AD3d 899, 819 NYS2d 167 [3d Dept 2006]), the plaintiff was injured when he was struck by a 20-foot section of pipe which was being lifted onto a truck by a payloader. In Copp, the Appellate Division, Third Department held that Industrial Code 23-9.4, the regulation applicable to power shovels, also applied to the payloader at issue,3 even though payloaders are not specifically referenced in section 23-9.4. In ruling that a payloader came under Industrial Code 23-9.4, the court held that "where, as here, construction equipment is used to attempt to accomplish the same task as a power shovel, it would be inconsistent with the purpose of the regulation and cause an objectionable result to find the safety precautions regarding lifting materials inapplicable" (31 AD3d at 900, 819 NYS2d 167).