OSHA and NFPA 70E

[lile001]

I hear rumors that OSHA is going to adopt new standards that specifically mandate PPE for electrical workers, and arc flash safety procedures. Previously, they state that "proper PPE" without any real definition, is required, and they can say "well, NFPA 70E is a recognized standard, maybe you should have followed it". In other words, OSHA enforcement of PPE rules will have more teeth. So far, I haven't been able to find anything to substantiate this rumor, except for this reference

OSHA may adopt new Subpart V in 2008:

http://www.esci.net/NewInfo.html

A search of the OSHA site

http://www.OSHA.gov

produces a collection of gobbedegook matched only by the magnetic poetry on my fridge in clarity (in other words, it is unintelligible), but no specifics about a plan for adopting specific rules.

Anybody have the lowdown on this?

 

[stevenal]

http://mywebpages.comcast.net/dwallis2/

May be outdated, though. Table 8 and 9 values are the same as the NESC change proposal for 2007. Published version of NESC 2007 has changed.

 

[dpc]

You can already by fined by OSHA for not providing proper hazard assessment and PPE related to arc-flash injuries. They have already fined contractors and businesses when injuries have occurred. The "General Duty" clause is used to enforce this requirement. They just point at NFPA-70E and say it is a consensus standard and an employer is negligent if proper hazard assessment and PPE are not provided.

What they are working on now is putting more specific language in their official rules regarding arc-flash. But this probably take years to get through the review/comment process.

But OSHA feels they can enforce arc-flash protection right now, and they are doing so - at least after the fact.

 

[lile001]

>What they are working on now is putting more specific language in their official rules regarding arc-flash. But this probably take years to get through the review/comment process.


Yes, I am trying to find out more about the timetable for that "more specific language".

I realise that OSHA can zap us now for not following NFPA70E, and that is driving a lot of people to do arc flash studies now.

 

[dpc]

I'd suggest contacting someone on the IEEE IAS Safety Workshop Committee. I'm sure they are following OSHA developments pretty closely. It seems a bit of a moot point to me since they are already enforcing the requirements.

 

[lile001]

You are right, it is moot, however my clients all have their knickers in a knot about it. I want to be able to tell them authoritatively, "Yes, OSHA is going to come down on you with both feet on MM/DD/YYYY because of the new regulations coming on line. Your only hope is to hire me to do an Arc FLash Study for you. "

Or something to that effect.

 

[stevenal]

First order of business is to determine which standards cover your work. NFPA 70E specifically exempts utilities.

OSHA 1926 Subpart V applies only to the construction of transmission and distribution lines. (sounds like utility work)

OSHA 1910.269 applies to the operation and maintenance of electric power generation, control, transformation, transmission, and distribution lines and equipment. (also utility work)

And IEEE C2 also applies to utilities excluding most other entities.

I doubt the general duty clause would be used to enforce consensus standards that by the same consensus exclude the type of work being performed.

 

[lile001]

AhA! So Subpart V really doesn't cover the average construction electrician! Well that is interesting.

I suppose this kind of work (general electrician type work in buildings, less than 600 V) is only covered by NFPA70E then, and also OSHA's general clauses......

Whenever I think I have this all figured out, the rug gets pulled out and I realize I had no idea...

 

[stevenal]

Most of the subparts of 1910 will apply. Make sure you look at S. I would say that you can ignore any of the special requirements of the individual industries of subpart R that don't apply to the business at hand.

 

[stevenal]

Subpart J is pretty important too.

 

[dpc]

I think all you need to tell them is that there have already been huge fines from OSHA for failure to provide adequate PPE after arc-flash accidents in industrial facilities based on the General Duty clause.

Also, Worker's Comp laws will not protect employers if they are negligent. An severely burned worker and a good lawyer would make the OSHA fine just a warm-up if no PPE was worn.

 

[lile001]

I finally got the lowdown from an OSHA officer. They have increased the requirements for Utility workers, but not for the general electrician. Apparently, the rule that workers have to wear "adequate PPE" without really defining that, has been enough to hang people that don't follow NFPA 70E. There are no plans, to his knowledge, to increase these requirements for the general electrician or plant maintenance worker.