In Gain v. Eastern Reinforcing Service, Inc., 193 AD2d 255, 603 N.Y.S.2d 189, the Third Department reviewed in detail whether or not 202-h allowed for an implied private right of action. Noting that Labor Law 202-h(7) allows only for a civil penalty recoverable in a civil action only by the Commissioner of Labor, and noting that the legislative history is stated in the statute is to provide more stringent and specific safety standards in this area, and to empower the Commission of Labor to enforce compliance with the provisions of Labor Law 202-h, the Third Department in Gain held that the "inescapable conclusion" was that the legislature's goal for 202-h was "...not to establish a vehicle for the compensation of persons injured by high-voltage electricity, but rather to achieve the prevention of such injuries through the imposition of generally applicable safety standards and the creation of a mechanism by which the Commissioner of Labor would have broad, regulatory and remedial powers to intervene in an effort to insure compliance." (Gain v. Eastern Reenforcing Service, Inc., Id.)