Electrical Safety Regulations: Making Sense of the Alphabet Soup

Trying to understand the various laws, regulations, codes and best practices that govern workplace safety issues can be a daunting task. Whether you’re an employer, a safety director, an electrician or maintenance professional, there is critical information that you need to know about.

OSHA

Almost 40 years ago, due to the rising number of on-the-job injuries and worker deaths, the US Congress passed the Occupational Safety and Health Act of 1970, which led to the formation of the Occupational Safety and Health Administration or OSHA. The Act covers all employers and employees in the United States and its territories. There are exceptions, however, OSHA is at the top of the workplace safety food chain.

OSHA, Title 29 of the Code of Federal Regulations, addresses safety issues for everything from scaffolding to ergonomics, job related disease, and construction. Title 29 also addresses electrical safety.

Electrical safety rules are divided into four categories and can be found in two separate parts of the regulations. The first is Part 1910, Subpart S, Electrical, which covers:

1. Design Safety Standards
2. Safety Related Work Practices
3. Safety Related Maintenance Requirements
4. Safety Requirements for Special Equipment.

The second is for construction, Part 1926 Subpart K – Electrical. This rule covers:

1. Installation Safety Requirements
2. Safety Related Work Practices
3. Safety Related Maintenance Practices
4. Environmental Considerations
5. Safety Requirements for Special Equipment.

Part 1910 is for general industry and Part 1926 is for the construction industry.

Most OSHA regulations provide general requirements and don’t get into a lot of specifics. Same is true with the requirements for electrical safety, and that’s where the NEC and NFPA 70E come in. Each of these standards is directly or indirectly related to one another and to the OSHA regulations. There are a number of places where language is taken verbatim from a standard and used in another regulation. Because it is a federal standard, OSHA regulations are enforceable under federal law.

NFPA Standards

NFPA standards are not federal standards, but, they are used as part of electrical safety practices and can be referenced as part of an OSHA citation.

Let’s say an electrical component breaks down on an assembly line. To save time, the plant electrician tries to remove the piece of equipment while it is still energized. An arc flash occurs and the electrician ends up in the hospital with severe burns.

Even though OSHA does not spell out specific rules for protection against arc flash, a citation could still be issued to the employer. Why? Because of OSHA’s General Duty Clause.

Most OSHA standards provide general requirements and don’t get into a lot of specifics. When OSHA does not provide specific language for a recognized hazard, the General Duty Clause can be used. And it has been. The General Duty Clause is found in Section 5(a)(1) of the Occupational Safety and Health Act of 1970, and requires that "each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees."

This clause is the main link between OSHA and other standards such as NFPA 70 and NFPA 70E. "Recognized hazards" are those hazards that are identified by other industry codes and standards. Even though NFPA 70E is not directly part of OSHA regulations, it can be used as evidence of whether an employer acted reasonably in complying with OSHA regulations and addressing "recognized hazards."

Here’s another example found in OSHA 1910.335, Safeguards for personnel protection, which requires:

(a)(1)(i) Employees working in areas where there are potential electrical hazards shall be provided with, and shall use, electrical protective equipment that is appropriate for the specific parts of the body to be protected and for the work to be performed."

Again, OSHA mandates that workers must be protected from electrical hazards, such as shock, arc flash and arc blast. But it does not provide detailed information about how this should be accomplished, except to recommend PPE such as gloves, protective sleeves and insulated tools. So, as an employer, you might think that this rule is open for interpretation?

Wrong! The details about selecting the proper PPE are found in other standards such as NFPA70E. It is also the employer’s responsibility to provide the proper PPE for the hazards involved.

NFPA 70E

OSHA has long recognized the good work being done by the folks at the NFPA. In fact, back in 1976, OSHA requested that the NFPA form a new electrical standards development committee. Three years later, in 1979, NFPA published its new standard, 70E- Standard for Electrical Safety Requirements for Employee Workplaces. The original version contained only part one -- Installation Safety Requirements. The standard was based on existing articles found in the NEC that were directly related to worker safety.

The standard has gone through many revisions and it now provides detailed information which includes:

• A description of a safety program with defined responsibilities
• Calculations for the degree of arc flash hazard
• Personal protective equipment (PPE) for worker
• Training for workers
• Tools for safe work

Chapters in NFPA 70E are based on OSHA 1910 Subpart S and 1926 Subpart K.

NFPA develops, publishes, and disseminates more than 300 consensus codes and standards intended to minimize the possibility and effects of fire and other risks. Virtually every building, process, service, design, and installation done today is affected by NFPA documents.

OSHA has been so impressed with NFPA 70E, that it is referenced several times in the OSHA regulations. And NFPA 70E was used as a model for the 2007 update to the OSHA Subpart S regulation.

The National Electrical Code (NEC)

The NEC is the oldest of the electrical standards. In fact, it first appeared in 1897 to address concerns of safety, just 7 years after electricity became commercially available. In 1911 the NFPA became its sponsor and has overseen the NEC ever since.

Unlike OSHA and NFPA 70E, the NEC focuses primarily on construction and installation practices. For information regarding sizing, selection and installation of equipment and components, NEC is the most highly regarded industry resource.

The code is not law until it is adopted, but most states require electrical design and installation to be in conformance with NEC requirements. That is, most states adopt the NEC in some form and that makes it law.

IEEE

The IEEE, or the Institute of Electrical and Electronics Engineers, Inc, is a source of technical and professional information, resources and services. In 2002, the IEEE 1584 was published to give the electric power industry a way to gauge arc-flash hazards. It lets designers and facility operators determine arc-flash hazard distance and how much incident energy employees might be exposed to when they work on or near electrical equipment.

Quick Review of how OSHA, NFPA 70E and NEC work together

OSHA is at the top of the food chain of all safety requirements in the workplace and is federally enforceable – "It's the Law." Safety violations are governed by the regulations of OSHA Title 29 CFR but, in many cases, OSHA only provides general rules regarding safety.

Based on OSHA's general duty clause, consensus standards such as NFPA 70E must be used for the details and are proof that an employerwas being reasonable in providing a safe workplace. Although NFPA 70E was developed to specifically assist OSHA in the area of electrical safety, portions of the NEC are incorporated into NFPA 70E -- or have been in the past --and portions of both 70E and the NEC are incorporated into OSHA regulations.

So, all three of these entities work together to form the big picture in electrical safety. This strategy is intended to provide for safe installation and safe work practices necessary for worker safety. And the NEC and NFPA 70E are a practical consensus-based solution to the OSHA regulations.

OSHA-Compliant Electrical Safety Training

Source: ESFi