[Federal Register: April 5, 2004 (Volume 69, Number 65)]
[Proposed Rules]
[Page 17773-17842]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap04-29]
[[Page 17773]]
-----------------------------------------------------------------------
Part III
Department of Labor
-----------------------------------------------------------------------
Occupational Safety and Health Administration
-----------------------------------------------------------------------
29 CFR Part 1910
Electrical Standard; Proposed Rule
[[Page 17774]]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1910
[Docket No. S-108C]
RIN 1218-AB95
Electrical Standard
AGENCY: Occupational Safety and Health Administration, Labor.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Occupational Safety and Health Administration (OSHA) is
proposing to revise the general industry electrical installation
standard found in Subpart S of 29 CFR Part 1910. The Agency has
determined that electrical hazards in the workplace pose a significant
risk of injury or death to employees, and that the requirements in the
revised standard, which draw heavily from the 2000 edition of the
National Fire Protection Association's (NFPA) Electrical Safety
Requirements for Employee Workplaces (NFPA 70E), and the 2002 edition
of the National Electrical Code (NEC), are reasonably necessary to
provide protection from these hazards. This proposed rule focuses on
safety in the design and installation of electric equipment in the
workplace. This revision will provide the first update of the
installation requirements in the general industry electrical
installation standard since 1981.
OSHA is also proposing to replace the reference to the 1971
National Electrical Code in the mandatory appendix to the powered
platform standard with a reference to OSHA's electrical installation
standard.
DATES: Submit written hearing requests and comments regarding this
proposal, including comments on the information-collection
determination described in Section XI. of the preamble (OMB Review
under the Paperwork Reduction Act of 1995), by the following dates:
Hard Copy: Your hearing requests and comments must be submitted
(postmarked or sent) by June 4, 2004.
Facsimile and electronic transmission: Your hearing requests and
comments must be sent by June 4, 2004.
Please see the section entitled SUPPLEMENTARY INFORMATION for
additional information on submitting written comments and hearing
requests.
ADDRESSES: Regular mail, express delivery, hand-delivery, and messenger
service: Submit three copies of hearing requests, comments, and
attachments to the OSHA Docket Office, Docket No. S-108C, Room N-2625,
U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC
20210; telephone (202) 693-2350. OSHA Docket Office and Department of
Labor hours of operation are 8:15 a.m. to 4:45 p.m., e.s.t.
Please note that security-related problems may result in
significant delays in receiving comments and other materials by regular
mail. Telephone the OSHA Docket Office at (202) 693-2350 for
information regarding security procedures concerning delivery of
materials by express delivery, hand delivery, and messenger service.
Facsimile: Transmit hearing requests and comments (including
attachments) consisting of 10 or fewer pages by facsimile to the OSHA
Docket Office at (202) 693-1648. You must include the docket number of
this notice, Docket No. S-108C, in your comments.
Electronic: Submit comments electronically through the Internet at
http://ecomments.osha.gov.
All comments and submissions will be available for inspection and
copying in the OSHA Docket Office at the address above. Most comments
and submissions will be posted on OSHA's Web page (http://www.osha.gov
). Contact the OSHA Docket Office at (202) 693-2350 for
information about materials not available on the OSHA Web page and for
assistance in using this Web page to locate docket submissions. Because
comments sent to the docket or to OSHA's Web page are available for
public inspection, the Agency cautions interested parties against
including in these comments personal information such as social
security numbers and birth dates.
FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries, contact Mr. George Shaw, Office of Communications, Room N-
3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202) 693-1999. For technical
inquiries, contact Ms. Belinda Cannon, Directorate of Standards and
Guidance, Room N-3609, OSHA, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone (202) 693-2083.
For additional copies of this Federal Register notice, contact
OSHA, Office of Publications, U.S. Department of Labor, Room N-3101,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-1888. Electronic copies of this Federal Register notice, as well as
news releases and other relevant documents, are available at OSHA's web
page on the Internet at http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
This proposed rule would revise OSHA's existing standard for
electrical installations, which is contained in Sec. Sec. 1910.302
through 1910.308 of Subpart S, with relevant definitions in Sec.
1910.399. It would apply, as the existing standard does, to employers
in general industry and in maritime employment.
OSHA undertook the project to revise Subpart S for two major
reasons. First, the Agency wanted the rule to reflect the most current
practice and technology in the industry. The current rule is based on a
national consensus standard, the 1979 edition of Part I of NFPA 70E,
entitled Standard for Electrical Safety Requirements for Employee
Workplaces. That consensus standard has been updated several times
since OSHA last revised its electrical installation requirements in
1981. The proposed rule being published today relies heavily on the
2000 edition of NFPA 70E. Second, in proposing this rule, OSHA is
responding to requests from stakeholders that the Agency revise Subpart
S so that it conforms with the most recent editions of NFPA 70E and the
National Electrical Code.\1\ These stakeholders argued that interested
members of the public have had substantial input into the content of
NFPA 70E, and that industry is complying with that standard in its
current form. The revised regulation will be more flexible and
efficient for stakeholders and small businesses, while maintaining
needed protections for workers.
---------------------------------------------------------------------------
\1\ See, for example, letters from: Judith Gorman, Managing
Director of the Institute of Electrical and Electronic Engineers;
George D. Miller, President and Chief Executive Officer of the
National Fire Protection Association; Frank K. Kitzantides, Vice
President of Engineering at the National Electrical Manufacturers
Association; and Kari P. Barrett, Director of Regulatory and
Technical Affairs, Plant Operations, at the American Chemistry
Council.
---------------------------------------------------------------------------
OSHA's existing electrical standard in Sec. Sec. 1910.302 through
1910.308 is based on the 1979 edition of NFPA 70E, which is a national
consensus standard developed by a cross section of industry, labor, and
other allied interests. Consensus standards like the National
Electrical Code (NEC) and NFPA 70E provide nationally recognized safe
electrical installation requirements. Additionally, the consensus
process used in developing NFPA 70E, Part 1 of which is based on the
NEC, ensures that requirements contained in that standard are current
and at the forefront of electrical safety technology. Because the
primary objective of this revision of Subpart S is to update the
standard to recognize, and
[[Page 17775]]
in some cases require, the most current electrical safety technology,
OSHA believes that the 2000 edition of NFPA 70E should be the
foundation of the proposal.
The remainder of the preamble discusses the background of the
proposal; the history of Subpart S and the development of this
proposal; the statutory considerations; a summary and explanation of
the proposed standard; the Preliminary Economic and Regulatory
Flexibility Analysis; the information collections associated with the
rule; and other miscellaneous topics. The outline of the preamble is as
follows:
I. Introduction
II. Background
III. History of the Rule
IV. Legal Authority
V. Summary and Explanation of the Proposed Rule
VI. Preliminary Economic and Regulatory Screening Analysis
VII. State Plan Standards
VIII. Environmental Impact Analysis
IX. Unfunded Mandates
X. Federalism
XI. OMB Review under the Paperwork Reduction Act of 1995
XII. Public Participation
XIII. List of Subjects
XIV. Authority and Signature
II. Background
A. Hazards Associated With Electricity
Electricity is widely recognized as a serious workplace hazard,
exposing employees to electric shock, burns, fires, and explosions.
According to the Bureau of Labor Statistics, 289 employees were killed
by contact with electric current in 2002.\2\ Other employees have been
killed or injured in fires and explosions caused by electricity.
---------------------------------------------------------------------------
\2\ ``2002 Census of Fatal Occupational Injuries,'' Table A-9,
Bureau of Labor Statistics, http://www.bls.gov/iif/oshwc/cfoi/cftb0163.pdf
.
---------------------------------------------------------------------------
It is well known that the human body will conduct electricity. If
direct body contact is made with an electrically energized part while a
similar contact is made simultaneously with another conductive surface
that is maintained at a different electrical potential, a current will
flow, entering the body at one contact point, traversing the body, and
then exiting at the other contact point, usually the ground. Each year
many workers suffer pain, injuries and death from such electric shocks.
Burns suffered in electrical accidents can be very serious. These
burns may be of three basic types: electrical burns, arc burns, and
thermal contact burns. Electrical burns are the result of the electric
current flowing in the tissues, and may be either skin deep or may
affect deeper layers (such as muscles and bones) or both. Tissue damage
is caused by the heat generated from the current flow; if the energy
delivered by the electric shock is high, the body cannot dissipate the
heat and the tissue is burned. Typically, such electrical burns are
slow to heal. Arc burns are the result of high temperatures produced by
electric arcs or by explosions close to the body. If the current
involved is great enough, these arcs can cause injury or can start a
fire. Fires can also be created by overheating equipment or by
conductors carrying too much current. Extremely high-energy arcs can
damage equipment, causing fragmented metal to fly in all directions. In
atmospheres which contain explosive gases or vapors or combustible
dusts, even low-energy arcs can cause violent explosions. These burns
are similar to burns and blisters produced by any high temperature
source. Finally, thermal contact burns are those normally experienced
from the skin contacting hot surfaces of overheated electric
conductors, conduits, or other energized equipment. All types of burns
may be produced simultaneously.
Current through the body, even at levels as low as 3 milliamperes,
can also cause injuries of an indirect or secondary nature in which
involuntary muscular reaction from the electric shock can cause
bruises, bone fractures and even death resulting from collisions or
falls.
B. Nature of Electrical Accidents
Electrical accidents, when initially studied, often appear to be
caused by circumstances that are varied and peculiar to the particular
incidents involved. However, further consideration usually reveals the
underlying cause to be a combination of three possible factors: work
involving unsafe equipment and installations; workplaces made unsafe by
the environment; and unsafe work performance (unsafe acts). The first
two factors are sometimes combined and simply referred to as unsafe
conditions. Thus, electrical accidents can be generally considered as
being caused by unsafe conditions, unsafe acts, or, in what is usually
the case, combinations of the two. It should also be noted that
inadequate maintenance can cause equipment or installations which were
originally considered safe to deteriorate, resulting in an unsafe
condition.
Some unsafe electric equipment and installations can be identified,
for example, by the presence of faulty insulation, improper grounding,
loose connections, defective parts, ground faults in equipment,
unguarded live parts, and underrated equipment. The environment can
also be a contributory factor to electrical accidents in a number of
ways. Environments containing flammable vapors, liquids or gases; areas
containing corrosive atmospheres; and wet and damp locations are some
unsafe environments affecting electrical safety. Finally, unsafe acts
include the failure to deenergize electric equipment when it is being
repaired or inspected, the use of obviously defective and unsafe tools,
or the use of tools or equipment too close to energized parts.
C. Protective Measures
There are various general ways of protecting employees from the
hazards of electric shock, including insulation and guarding of live
parts. Insulation provides an electrical barrier to the flow of
current. To be effective, the insulation must be appropriate for the
voltage, and the insulating material must be undamaged, clean, and dry.
Guarding prevents the employee from coming too close to energized
parts. It can be in the form of a physical barricade, or it can be
provided by installing the live parts out of reach from the working
surface. (This technique is known as ``guarding by location.'')
Grounding is another method of protecting employees from electric
shock; however, it is normally a secondary protective measure. To keep
guards or enclosures at a common potential with earth, they are
connected, by means of a grounding conductor, to ground. In addition,
grounding provides a path of low impedance and of ample capacity back
to the source to pass enough current to operate the overcurrent devices
in the circuit. If a live part accidentally comes in contact with a
grounded enclosure, current flow is directed back to earth, and the
circuit protective devices (for example, fuses and circuit breakers)
can interrupt the circuit.
If it draws too much current, electric equipment can overheat,
which can result in fires.\3\ Protecting electric equipment from
overcurrent helps prevent this from happening.
---------------------------------------------------------------------------
\3\ Overheating can also lead to electric shock hazards if the
insulation protecting a conductor melts.
---------------------------------------------------------------------------
Designing and installing equipment to protect against dangerous
arcing and overheating is also important in preventing unsafe
conditions that can lead to fires, high energy electric arcs, and
explosions. Employers and employees cannot usually detect
[[Page 17776]]
improperly designed or rated equipment. Thus, OSHA relies on third-
party testing and certification of electric equipment to ensure proper
electrical design. This helps ensure, for example, that equipment will
not overheat during normal operation and that equipment designed for
use in a hazardous location will not cause a fire or explosion. It also
helps ensure that equipment is appropriately rated and marked, allowing
employees designing electrical installations and installing electric
equipment to select equipment and size conductors in accordance with
those ratings.\4\ Many of the requirements in OSHA's electrical
standards in turn depend on accurate ratings on equipment.
---------------------------------------------------------------------------
\4\ Electric equipment is typically rated for use with certain
voltages and current. For example, an electric hair dryer might be
rated at 125 volts, 1875 watts. The voltage rating indicates the
maximum voltage for which the equipment is rated. The wattage rating
indicates how much power the equipment will draw when connected to a
circuit at the maximum voltage. The current drawn by the equipment
is the wattage rating divided by the voltage rating. Thus, the
circuit voltage (120 volts, nominal) is less than the maximum rated
voltage of the hair dryer (125 volts), and the circuit is rated for
the current the equipment will draw (1875 watts/125 volts = 15
amperes). Thus, the hair dryer would be suitable for use on a 120-
volt circuit capable of safely carrying 15 amperes.
---------------------------------------------------------------------------
These protective measures help ensure the safe installation of
electric equipment and are prescribed by the requirements presently
contained in 29 CFR Part 1910, Subpart S. Addressing common unsafe
conditions, these rules cover such safety considerations as guarding
and insulation of live parts, grounding of equipment enclosures, and
protection of circuits from overcurrent. This rulemaking would update
those requirements to make them consistent with the latest edition of
NFPA 70E. This revision would better protect employees by recognizing
the latest techniques in electrical safety and by requiring
installations to incorporate those techniques whenever necessary.
III. History of the Rule
On February 16, 1972, OSHA incorporated the 1971 edition of the
National Fire Protection Association's (NFPA) National Electrical Code
(NEC), NFPA 70-1971, by reference as its electrical standard for
general industry (37 FR 3431). The Agency followed the procedures
outlined in Section 6(a) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655), which directed the Secretary to adopt existing
national consensus standards as OSHA standards within 2 years of the
effective date of the Occupational Safety and Health Act (OSH Act). In
incorporating the 1971 NEC by reference, OSHA made the entire 1971 NEC
applicable to all covered electrical installations made after March 15,
1972. For covered installations made before that date, OSHA listed
about 20 provisions from the 1971 NEC that applied. No other provisions
of the 1971 NEC applied to these older installations. Thus, older
installations were ``grandfathered'' so that they did not need to meet
most of the requirements in the consensus standard.
On January 16, 1981, OSHA revised its electrical installation
standard for general industry (46 FR 4034). This revision replaced the
incorporation by reference of the 1971 National Electrical Code with
relevant requirements from Part I of the 1979 edition of NFPA 70E.\5\
The revision simplified and clarified the electrical standard and
updated its provisions to match the 1978 NEC (the latest edition
available at the time). The standard was written to reduce the need for
frequent revision and to avoid technological obsolescence. These goals
were achieved--NFPA 70E had only minor changes over its initial 15
years of existence. The first substantial changes were introduced in
the 1995 edition of NFPA 70E.
---------------------------------------------------------------------------
\5\ OSHA added electrical safety-related work practice
requirements to Subpart S on August 6, 1990 (55 FR 31984). Those
requirements were based on Part II of 1988 edition of NFPA 70E.
However, the current rulemaking makes no changes to the safety-
related work practice provisions in Subpart S.
---------------------------------------------------------------------------
The latest edition of NFPA 70E, the 2000 edition, contains a number
of significant revisions, including a new, alternative method for
classifying and installing equipment in Class I hazardous locations
(see preamble Section V. F. ``Zone Classification,'' below). NFPA has
recommended that OSHA revise its general industry electrical standards
to reflect the latest edition of NFPA 70E, arguing that such a revision
would provide a needed update to the OSHA standards and would better
protect employees. The present proposal responds to NFPA's
recommendations with regard to installation safety. It also reflects
the Agency's commitment to update its electrical standards, keep them
consistent with NFPA standards, and ensure that they appropriately
protect employees. The Agency intends to extend this commitment by
using NFPA 70E as the basis for future revisions to its electrical
safety-related work practice requirements and new requirements for
electrical maintenance and special equipment.
IV. Legal Authority
The purpose of the Occupational Safety and Health Act of 1970 (OSH
Act), 29 U.S.C. 651 et seq., is ``to assure so far as possible every
working man and woman in the nation safe and healthful working
conditions and to preserve our human resources.'' 29 U.S.C. 651(b). To
achieve this goal, Congress authorized the Secretary of Labor to
promulgate and enforce occupational safety and health standards. 29
U.S.C. 655(b) and 654(b).
A safety or health standard ``requires conditions, or the adoption
or use of one or more practices, means, methods, operations, or
processes, reasonably necessary or appropriate to provide safe or
healthful employment or places of employment.'' 29 U.S.C. 652(8). A
standard is reasonably necessary or appropriate within the meaning of
Section 652(8) if:
A significant risk of material harm exists in
the workplace and the proposed standard would substantially reduce or
eliminate that workplace risk;
It is technologically and economically feasible;
It is cost effective;
It is consistent with prior Agency action or
supported by a reasoned justification for departing from prior Agency
action;
It is supported by substantial evidence; and
In the event the standard is preceded by a
consensus standard, it is better able to effectuate the purposes of the
OSH Act than the standard it supersedes.
International Union, UAW v. OSHA (LOTO II), 37 F.3d 655 (D.C. Cir.
1994).
OSHA has generally considered an excess risk of 1 death per 1000
employees over a 45-year working lifetime as clearly representing a
significant risk. Industrial Union Dept. v. American Petroleum
Institute (Benzene), 448 U.S. 607, 646 (1980); International Union v.
Pendergrass (Formaldehyde), 878 F.2d 389, 393 (D.C. Cir. 1989);
Building and Construction Trades Dept., AFL-CIO v. Brock (Asbestos),
838 F.2d 1258, 1264-65 (D.C. Cir. 1988).
A standard is considered technologically feasible if the protective
measures it requires already exist, can be brought into existence with
available technology, or can be created with technology that can
reasonably be expected to be developed. American Textile Mfrs.
Institute v. OSHA (Cotton Dust), 452 U.S. 490, 513 (1981), American
Iron and Steel Institute v. OSHA (Lead II), 939 F.2d 975, 980 (D.C.
Cir. 1991).
[[Page 17777]]
OSHA generally considers a standard to be cost effective if the
protective measures it requires are the least costly of the available
alternatives that achieve the same level of protection. Cotton Dust,
453 U.S. at 514, n.32; International Union, UAW v. OSHA (LOTO III), 37
F.3d 655, 668 (D.C. Cir. 1994).
All OSHA standards must be highly protective, and, where practical,
``expressed in terms of objective criteria and of the performance
desired.'' LOTO III, 37 F.3d at 669. Finally, the OSH Act requires that
when promulgating a rule that differs substantially from a national
consensus standard, OSHA must explain why the promulgated rule is a
better method for effectuating the purpose of the Act. 29 U.S.C.
655(b)(8). As discussed earlier, OSHA is using NFPA 70E as the basis
for its proposed rule, with some modifications as necessary for
regulatory and enforcement purposes.
Electricity has long been recognized as a serious workplace hazard
exposing employees to dangers such as electric shock, electrocution,
fires, and explosions. The 100-year-long history of the National
Electrical Code, originally formulated and periodically updated by
industry consensus, attests to this fact. The NEC has represented the
continuing efforts of experts in electrical safety to address these
hazards and provide standards for limiting exposure in all electrical
installations, including workplaces. OSHA has determined that
electrical hazards in the workplace pose a significant risk of injury
or death to employees, and that this proposed standard, which draws
heavily on the experience of the NEC, is reasonably necessary to
provide protection from these hazards.
According to the U.S. Bureau of Labor Statistics, between 1992 and
2002, an average of 295 workers died per year from contact with
electric current, and, between 1992 and 2001, an average of 4,309
workers lost time away from work because of electrical injuries.\6\
Overall, there has been a downward trend in injuries and illnesses, but
the percentage of decline has varied from year to year. From 1992 to
2001, the number of injuries involving days away from work decreased by
29 percent. From 1992 to 2002, the number of deaths decreased by 9
percent. This downward trend is due, in major part, to 30 years of
highly protective OSHA regulation in the area of electrical
installation, based on the NEC and NFPA 70E standards. The proposal
would carry forward most of the existing requirements for electrical
installations, with the new and revised requirements intended as fine
tuning, introducing new technology along with other improvements in
safety. If employers comply with the proposal, they will prevent unsafe
electrical conditions from occurring. Thus, OSHA expects this downward
trend in injuries to continue.
---------------------------------------------------------------------------
\6\ The Survey of Occupational Injuries and Illnesses and the
Census of fatal occupational injuries, http://www.bls.gov/iif/home.htm#tables
.
---------------------------------------------------------------------------
While the number of deaths and injuries associated with electrical
hazards has declined, contact with electric current still poses a
significant risk to employees in the workplace. This proposed rule will
help further reduce the number of deaths and injuries associated with
electrical hazards by providing additional requirements for
installation safety and by recognizing alternative means of compliance.
V. Summary and Explanation of the Proposed Rule
A. Scope
Existing Sec. Sec. 1910.302 through 1910.308 of Subpart S apply to
electrical installations and utilization equipment used and installed
in workplaces in general industry and in shipyard employment,
longshoring, and marine terminals. These sections do not apply to the
following types of installations:
(1) Installations in ships, watercraft, railway rolling stock,
aircraft, or automotive vehicles other than mobile homes and
recreational vehicles;
(2) Installations underground in mines; \7\
---------------------------------------------------------------------------
\7\ This exception was incorporated into the current OSHA
standard solely to be consistent with language used in the NEC and
NFPA 70E. However, it should be noted that OSHA does not have
jurisdiction over mines in general, regardless of whether the mining
activity takes place above ground or underground. Under the Mine
Safety and Health Act (MSH Act) (30 U.S.C. 801 et seq.), the Mine
Safety and Health Administration (MSHA) regulates safety and health
in mines. The MSH Act defines ``mine'' very broadly as:
(h)(1) ``coal or other mine'' means (A) an area of land from
which minerals are extracted in nonliquid form or, if in liquid
form, are extracted with workers underground, (B) private ways and
roads appurtenant to such area, and (C) lands, excavations,
underground passageways, shafts, slopes, tunnels and workings,
structures, facilities, equipment, machines, tools, or other
property including impoundments, retention dams, and tailings ponds,
on the surface or underground, used in, or to be used in, or
resulting from, the work of extracting such minerals from their
natural deposits in nonliquid form, or if in liquid form, with
workers underground, or used in, or to be used in, the milling of
such minerals, or the work of preparing coal or other minerals, and
includes custom coal preparation facilities. In making a
determination of what constitutes mineral milling for purposes of
this chapter, the Secretary shall give due consideration to the
convenience of administration resulting from the delegation to one
Assistant Secretary of all authority with respect to the health and
safety of miners employed at one physical establishment;
(2) For purposes of subchapters II, III, and IV of this chapter,
``coal mine'' means an area of land and all structures, facilities,
machinery, tools, equipment, shafts, slopes, tunnels, excavations,
and other property, real or personal, placed upon, under, or above
the surface of such land by any person, used in, or to be used in,
or resulting from, the work of extracting in such area bituminous
coal, lignite, or anthracite from its natural deposits in the earth
by any means or method, and the work of preparing the coal so
extracted, and includes custom coal preparation facilities;
For further information, see the Interagency Agreement between
MSHA and OSHA (http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=MOU&p_
id=222).
---------------------------------------------------------------------------
(3) Installations of railways for generation, transformation,
transmission, or distribution of power used exclusively for operation
of rolling stock or installations used exclusively for signaling and
communication purposes;
(4) Installations of communication equipment under the exclusive
control of communication utilities, located outdoors or in building
spaces used exclusively for such installations; and
(5) Installations under the exclusive control of electric utilities
for the purpose of communication or metering; or for the generation,
control, transformation, transmission, and distribution of electric
energy. These exempted installations must be located in buildings used
exclusively by utilities for such purposes or located outdoors on
property owned or leased by the utility or on public highways, streets,
roads, etc., or outdoors by established rights on private property.
These exempted installations present special design considerations
that are not adequately addressed in Subpart S. For example, electric
power transmission and distribution installations are typically
installed where unqualified persons will not have access to them, and
the only employees working on them are highly trained and skilled.
Additionally, public safety considerations demand that these
installations be capable of quick repair when weather or equipment
failure disrupt electrical service. The National Electrical Safety Code
(ANSI/IEEE C2), which is developed by experts in electric power
generation, transmission, and distribution, contains design and
installation requirements applicable to electric power transmission and
distribution systems. Section 1910.269 contains OSHA's standard for the
maintenance of electric power generation, transmission, and
distribution installations. While it consists mostly of work-practice
[[Page 17778]]
requirements, it does contain several installation requirements. For
example, Sec. 1910.269(u)(4) and (v)(4) cover guarding of rooms
containing electric supply equipment in electric power generating
stations and substations, respectively. OSHA believes that any
installation requirements for electric power generation, transmission,
and distribution systems belong in Sec. 1910.269 rather than in
Subpart S.
Installations in ships, watercraft, railway rolling stock,
aircraft, or automotive vehicles (other than mobile homes and
recreational vehicles) are designed to be transportable.\8\ These
transportability considerations make many of the design requirements in
Subpart S irrelevant, at best, or infeasible, at worst. For example,
attaching the grounded circuit conductor and the equipment grounding
conductor to a permanent grounding electrode on a transportable wiring
system is generally not feasible. Thus, the provisions of proposed
Sec. 1910.304(g)(1), which contains requirements for grounding
electrical systems, are inappropriate for the wiring of ships,
watercraft, railway rolling stock, aircraft, or automotive vehicles. By
contrast, however, wiring that is not a part of the wiring of the ship,
watercraft, railway rolling stock, aircraft, or automotive vehicle
would be covered by Subpart S, as appropriate. For example, a portable
electric drill carried into the cargo area of a truck would be covered
by Subpart S if it is plugged into the wiring of a service station.
---------------------------------------------------------------------------
\8\ Although the wiring of recreational vehicles and mobile
homes is transportable, it is also designed to be attached to
specially designed, permanently installed power distribution
outlets. This type of hybrid system must be designed for both
permanent and transportable uses.
---------------------------------------------------------------------------
In regard to ships, there has been some confusion about whether the
``exemption'' applies to all wiring or electrical installations brought
on board a vessel during construction, overhaul, or repair, even when
the wiring is supplied by shore-based electric power--or whether it
only applies to the ships' own wiring. OSHA is hereby clarifying its
position.
The ``exempted'' types of installations in both the current and
proposed standards are identical to those ``exempted'' by the National
Electrical Code and NFPA 70E, which form the basis of both.
Installations covered under the existing standard would continue to be
covered under the proposal. For example, in longshoring operations and
related employments, this proposal would apply to electrical
installations aboard vessels only if they are shore-based as stated in
Sec. 1918.1(b)(3). Electrical installations in marine terminals are
covered under Subpart S, as noted in Sec. 1917.1(a)(2)(iv). (The
marine terminals standard in Part 1917 applies to the loading,
unloading, movement or other handling of cargo, ship's stores or gear
within the terminal or into or out of any land carrier, holding or
consolidation area, and any other activity within and associated with
the overall operation and function of the terminal. This includes the
use and routine maintenance of facilities and equipment and cargo
transfer accomplished with the use of shore-based material handling
devices. See Sec. 1917.1(a).)
Section 1910.5 governs how the general industry electrical
standards apply to shipyard employment. According to Sec.
1910.5(c)(2), the general standards in Part 1910 apply to the extent
that no industry-specific standard (such as Subpart K of Part 1926 for
construction) applies to the ``same condition, practice, means, method,
operation, or process.'' Part 1915 contains few requirements related to
electrical safety. Paragraph (b) of Sec. 1915.93 contains four such
requirements, for grounding of vessels, the safety of the vessel's
wiring, overcurrent protection, and guarding of infrared heat lamps.
Section 1915.92 contains provisions on electric lighting, and Sec.
1915.132 contains requirements on portable electric tools. Section
1915.181 contains electrical safety-related work practices for
deenergizing electric circuits and protecting employees against contact
with live parts during electrical work. In addition, Part 1915 contains
several other miscellaneous electrical safety-related work practices
and electrical design requirements. These provisions continue to apply
in lieu of any corresponding requirements in Subpart S of Part 1910.
Conversely, where there is no specific standard for shipyard employment
in Part 1915, Subpart S of Part 1910 applies.\9\
---------------------------------------------------------------------------
\9\ It should be noted that, unlike the shipyard employment
standards, OSHA's construction standards have a comprehensive
electrical installation standard in Subpart K of Part 1926, which
covers all aspects of electrical safety that are addressed in the
electrical installation standard for general industry. Thus, none of
the electrical installation requirements in Subpart S of Part 1910
apply in construction.
---------------------------------------------------------------------------
As noted earlier, Subpart S does not cover installations in ships,
but it does cover installations used on ships if the installation is
shore-based (that is, not part of the vessel's internal electrical
system). Thus, Sec. 1910.303(g)(2) (guarding live parts) applies to
the wiring of the shipyard and to any wiring taken onto the ship when
it is supplied by the shipyard wiring. It does not apply to the ship's
wiring. The proposed rule does not change this scope of coverage.
However, OSHA invites comments on whether it needs to clarify this
coverage further.
B. Grandfather Clause
The proposal, as does the current rule, exempts older electrical
installations from meeting some of the provisions of the Design Safety
Standards for Electrical Systems (that is, Sec. Sec. 1910.302 through
1910.308). The extent to which OSHA's electrical installation standard
applies depends on the date the installation was made. Older
installations must meet fewer requirements than newer ones. The
proposal's grandfathering of older installations, contained in
paragraph (b) of proposed Sec. 1910.302, is patterned after the
current standard's grandfather provisions in existing Sec.
1910.302(b). Most of the new provisions contained in the proposed rule
would only apply prospectively, to installations made after the
effective date of the final rule.
The following paragraphs explain proposed Sec. 1910.302(b) in the
following order: paragraph (b)(1), requirements applicable to all
installations; paragraph (b)(4), requirements applicable only to
installations made after the effective date of the revised standard;
paragraph (b)(3), requirements applicable only to installations made
after April 16, 1981; and paragraph (b)(2), requirements applicable
only to installations made after March 15, 1972.
Requirements applicable to all installations. Paragraph (b)(1) of
proposed Sec. 1910.302 contains a list of provisions that would apply
to all installations, regardless of when they were designed or
installed. The few requirements in this short list are so essential to
employee safety that even the oldest electrical installations must be
modified, if necessary, to meet them. The list is unchanged from the
current standard, except for the addition of the zone classification
system and a documentation requirement from proposed Sec. 1910.307. As
discussed in more detail later in this section of the preamble, the
only substantial new provisions being proposed in Sec. 1910.307 are:
(1) New requirements in Sec. 1910.307(g) pertaining to electric
equipment installed in Class I hazardous locations if the employer
chooses to use the zone classification system and (2) a new requirement
in Sec. 1910.307(b) for employers to document the extent of each
hazardous location. This second provision applies
[[Page 17779]]
to older installations only if the employer is using the zone
classification system.
The new requirements pertaining to zone classification in proposed
Sec. 1910.307(g) provide employers with an alternative installation
method that the current standard does not permit.\10\ Thus, applying
these provisions to older installations would give employers greater
flexibility without imposing any new costs.
---------------------------------------------------------------------------
\10\ See the discussion under the heading ``Zone
Classification'' for an explanation of the zone classification
system and its differences from the current standard's division
classification system.
---------------------------------------------------------------------------
Paragraph (b) of Sec. 1910.307 proposes a new requirement that
employers document areas designated as hazardous (classified)
locations. This requirement would ensure that the employer has records
of the extent and classification of each such area. The documentation
would help employers determine what type of equipment was needed in
these locations and would inform employees of the need for special care
in the maintenance of the electric equipment installed there. OSHA has
carefully considered the need to document these areas and has tried to
balance that need with the extensive burden that would be placed on
employers who would have to survey and document their existing
hazardous locations.
The current standard's division classification system has been in
place for many years, and most employers and inspection authorities are
familiar with the boundaries for Class I, Division 1 and Class I,
Division 2 locations. An employee servicing equipment in a Class I,
Division 1 or 2 location can obtain this information relatively easily
even if the employer has not documented the boundaries. Accordingly,
OSHA believes that the benefit of documenting existing hazardous
locations installed using the division classification system would be
minimal. Therefore, for employers using the division system, OSHA is
proposing to require documentation of boundaries only for new
installations made after the effective date of the standard. Employers
would not need to document existing division-classified systems.
On the other hand, the zone classification system is relatively
new. Most employers are not familiar with this system and have little
experience determining how to draw the boundaries between the three
zones. Relatively few NFPA or industry standards provide specifications
for placing those boundaries. Furthermore, the existing OSHA electrical
standard recognizes only installations made in accordance with the
division classification system, not the zone classification system. Any
existing installation made under the zone system is technically out of
compliance with OSHA's existing standard. However, because the NEC
represents standard industry practice, existing zone system
installations will almost certainly have been installed in accordance
with an edition of the NEC that recognizes the zone classification
system (the 1999 and 2002 editions). These editions of the NEC
explicitly require documentation of hazardous locations. Thus, an
employer with an existing installation made under the zone
classification system should already have the documentation required by
Sec. 1910.307(b). Therefore, OSHA believes that the benefits of having
documentation for existing zone-classified installations justify the
small burden that would be placed on employers. For these reasons, OSHA
is proposing to apply the documentation requirement to all hazardous
location installations made under the zone classification system. This
will provide employers, employees, and OSHA with information critical
for determining which equipment is suitable in a given hazardous
location.
Requirements applicable only to installations made after the
effective date of the final rule. Paragraph (b)(4) of proposed Sec.
1910.302 would make the following provisions applicable only to
installations made or overhauled \11\ after the effective date of the
final rule:
---------------------------------------------------------------------------
\11\ See the discussion of the term ``overhaul'' later in this
section of the preamble.
Sec. 1910.303(f)(4)--Disconnecting means and circuits--Capable of
accepting a lock
Sec. 1910.303(f)(5)--Disconnecting means and circuits--Marking for
series combination ratings
Sec. 1910.303(g)(1)(iv) and (g)(1)(vii)--600 Volts, nominal, or less--
Space about electric equipment
Sec. 1910.303(h)(5)(vi)--Over 600 volts, nominal--Working space and
guarding
Sec. 1910.304(b)(1)--Branch circuits--Identification of multiwire
branch circuits
Sec. 1910.304(b)(3)--Branch circuits--Identification of ungrounded
conductors
Sec. 1910.304(b)(4)(i)--Branch circuits--Ground-fault circuit
interrupter protection for personnel
Sec. 1910.304(f)(2)(i)(A), (f)(2)(i)(B) (but not the introductory text
to Sec. 1910.304(f)(2)(i), and (f)(2)(iv)(A)--Overcurrent protection--
Overcurrent protection, feeders and branch circuits for over 600 volts,
nominal
Sec. 1910.305(a)(3)(v)--Wiring methods--Cable trays
Sec. 1910.305(c)(3)(ii)--Switches--Connection of switches
Sec. 1910.305(c)(5)--Switches--Grounding
Sec. 1910.306(a)(1)(ii)--Electric signs and outline lighting--
Disconnecting means
Sec. 1910.306(c)(4)--Elevators, dumbwaiters, escalators, moving walks,
wheelchair lifts, and stairway chair lifts--Operation
Sec. 1910.306(c)(5)--Elevators, dumbwaiters, escalators, moving walks,
wheelchair lifts, and stairway chair lifts--Location
Sec. 1910.306(c)(6)--Elevators, dumbwaiters, escalators, moving walks,
wheelchair lifts, and stairway chair lifts--Identification and signs
Sec. 1910.306(c)(7)--Elevators, dumbwaiters, escalators, moving walks,
wheelchair lifts, and stairway chair lifts--Single-car and multicar
installations
Sec. 1910.306(j)(1)(iii)--Swimming pools, fountains, and similar
installations--Receptacles
Sec. 1910.306(k)--Carnivals, circuses, fairs, and similar events
Sec. 1910.308(a)(5)(v) and (a)(5)(vi)(B)--Systems over 600 volts,
nominal--Interrupting and isolating devices
Sec. 1910.308(a)(7)(vi)--Systems over 600 volts, nominal--Tunnel
installations
Sec. 1910.308(b)(3)--Emergency power systems--Signs
Sec. 1910.308(c)(3)--Class 1, Class 2, and Class 3 remote control,
signaling, and power-limited circuits--Separation from conductors of
other circuits
Sec. 1910.308(f)--Solar photovoltaic systems
These provisions are based on requirements that have been added to
the National Electrical Code since the 1978 edition. OSHA has never
required employers to comply with these requirements, and the Agency
believes that the modest increase in employee protection that would
result from compliance with them would not be worth the substantial
expense that employers would incur if existing installations had to be
retrofitted to conform to those provisions. On the other hand,
employers would incur minimal costs to achieve this increase in
protection if they only needed to assure that new installations comply
with the listed provisions. In local jurisdictions requiring compliance
with the NEC, there should be no additional costs involved, because the
installations would already conform to the new OSHA requirements. The
Agency believes that even in other jurisdictions, the vast majority of
installations already
[[Page 17780]]
comply with the latest edition of the NEC, because compliance with the
latest Code is standard industry practice.
OSHA is considering making the new requirements in revised Subpart
S effective 90 days after the final rule is published in the Federal
Register. The Agency requests comments on whether this provides
sufficient time to implement the changes required by the revised
standard. It should be noted that applying new provisions only to new
installations is the same approach that OSHA took in promulgating the
current version of Subpart S in 1981. The Agency found that this
approach was successful and has no indication that it was unduly
burdensome or insufficiently protective.
There are also many provisions in proposed Subpart S that are not
contained in the existing standard but cannot be considered totally
``new'' provisions. Most of these ``new'' requirements were actually
contained in the 1971 NEC. Table 1 lists these ``new'' provisions and
denotes their counterparts in the 1971 NEC. From March 15, 1972, until
April 16, 1981, Subpart S incorporated the 1971 NEC by reference in its
entirety. Accordingly, OSHA required employers to comply with every
requirement in the 1971 NEC for any new installation made between those
dates and for any replacement, modification, repair, or rehabilitation
made during that period. The current standard, which became effective
on April 16, 1981, omitted many of the detailed provisions of the NEC
because they were already addressed by the more general requirements
that were contained in the OSHA standard. For example, OSHA did not
carry forward 1971 NEC Section 110-11, which required equipment to be
suitable for the environment if it is installed where the environment
could cause deterioration. However, the requirement for equipment to be
suitable for the location in which it was installed is implicit in the
more general requirements in existing Sec. 1910.303(a) that equipment
be approved and in existing Sec. 1910.303(b)(2) that equipment be
installed in accordance with any instructions included in its listing
or labeling. (Equipment that is not suitable for installation in
deteriorating environments, such as wet or damp locations, will include
instructions warning against such installation. These instructions are
required by the nationally recognized laboratory listing or labeling
the product.)
Even though OSHA has not required employers to maintain their
installations in compliance with these older provisions, the Agency
believes that employers' installations actually do comply with those
requirements. The vast majority of employers are following the entire
National Electrical Code applicable to their installations, as noted in
the Economic Analysis section of this preamble.\12\ For these reasons,
OSHA is not proposing to exempt installations made after March 15,
1972, from meeting any provision listed in Table 1 and is not including
any of these provisions in Sec. 1910.302(b)(4) (the list of provisions
that apply only to new installations). The Agency invites public
comment on whether this approach is reasonable.
---------------------------------------------------------------------------
\12\ All of the requirements in question appear in some version
in every edition of the NEC since 1972.
Table 1.--``New'' Provisions Contained in 1971 NEC\13\
----------------------------------------------------------------------------------------------------------------
Proposed provision Equivalent 1971 NEC section Subject
----------------------------------------------------------------------------------------------------------------
Sec. 1910.303(b)(3)..................... 110-20 Insulation integrity.
(b)(4)................................ 110-9 Interrupting rating.
(b)(5)................................ 110-10 Circuit impedance and
other characteristics.
(b)(6)................................ 110-11 Deteriorating agents.
(b)(7)................................ 110-12 Mechanical execution of
work.
(b)(8)................................ 110-4(a) and (d) Mounting and cooling of
equipment.
110-12
110-13
(c)(1)................................ 110-14 Electrical connections,
general.
Sec. 1910.304(b)(2)..................... 210-21(b) Branch circuits,
receptacles and cord
connectors.
(b)(5)................................ 210-21 Branch circuits, outlet
devices.
(b)(6)................................ 210-22 Branch circuits, cord
connections.
(e)(1)(iv)............................ 230-70(c) Services, disconnecting
means.
(f)(1)(ix)............................ 110-9 Overcurrent protection,
600 volts, nominal, or
less, circuit breaker
ratings.
240-11
(f)(2), except for (f)(2)(i)(A), 240-5 Overcurrent protection,
(f)(2)(i)(B), and (f)(2)(iv)(A). feeders and branch
circuits over 600 volts,
nominal.
240-11
240-15
Sec. 190.305(a)(4)(ii).................. 320-5 Open wiring on
insulators, support.
(b)(1)(iii)........................... 370-7 Conductors entering
cabinets, boxes, and
fittings, securing
conductors.
373-5
(b)(2)(ii)............................ 370-15(b) Fixture canopy or pan
installed in a
combustible wall or
ceiling.
(e)(1)................................ 373-2 Airspace for enclosures
installed in wet or damp
locations.
384-5
(h)(3)................................ 710-6 Portable cables,
grounding conductors.
(j)(2)(i)............................. 410-52(d) Receptacles, cord
connectors, and
attachment plugs; no
exposed energized parts.
(j)(2)(iv) through (j)(2)(vii)........ 410-54 Receptacles installed in
wet or damp locations.
(j)(3)(ii)............................ 422-20 Appliances, disconnecting
means.
(j)(3)(iii)........................... 422-30(a) Appliances, nameplates.
(j)(3)(iv)............................ 422-30(b) Appliances, marking to be
visible after
installation.
(j)(6)(ii)(A)......................... 110-9 Capacitor switches.
110-10
[[Page 17781]]
460-8(c)(4)
(j)(6)(ii)(B)......................... 460-8(c)(1) Capacitor disconnecting
means.
Sec. 1910.306(c)(3)..................... 620-51(a) Elevators, dumbwaiters,
escalators, moving
walks, wheelchair lifts,
and stairway chair
lifts; type of
disconnecting means.
(c)(10)............................... 620-72 Elevators, dumbwaiters,
escalators, moving
walks, wheelchair lifts,
and stairway chair
lifts; motor
controllers.
(d)(1)................................ 630-13 Arc welders,
disconnecting means.
630-23
(g)(1)(iii)........................... 665-34 Induction and dielectric
heating equipment,
detachable panels used
for access to live
parts.
(g)(1)(vi)............................ 665-8 Induction and dielectric
heating equipment,
ampere rating of
disconnecting means.
(j)(4)(iii)........................... 680-20(a)(4) Swimming pools,
fountains, and similar
installations,
underwater fixtures
facing upwards.
Sec. 1910.308(a)(2)..................... 710-4 Systems over 600 volts,
nominal; open
installations of braid-
covered insulated
conductors.
(a)(3)(i)............................. 710-6 Systems over 600 volts,
nominal; insulation
shielding terminations.
(a)(4)................................ 710-8 Systems over 600 volts,
nominal; moisture or
mechanical protection
for metal-sheathed
cables.
(a)(5)(i)............................. 710-21(a) Systems over 600 volts,
nominal; interrupting
and isolating devices;
guarding and indicating.
(a)(5)(ii)............................ 240-11(a) Systems over 600 volts,
nominal; interrupting
and isolating devices;
fuses.
710-21(b)
(a)(5)(iii) and (a)(5)(iv)............ 710-21(b) Systems over 600 volts,
nominal; interrupting
and isolating devices;
fused cutouts.
(a)(5)(vi), but not (a)(5)(vi)(B)..... 710-21(c) Systems over 600 volts,
nominal; interrupting
and isolating devices;
load interrupter
switches.
(a)(5)(vii)........................... 710-22 Systems over 600 volts,
nominal; interrupting
and isolating devices;
means for isolating
equipment.
(b)(2)................................ 700-14 Emergency systems,
emergency illumination.
----------------------------------------------------------------------------------------------------------------
\13\ These provisions have no counterpart in existing Subpart S, but were in the 1971 National Electrical Code.
In addition, OSHA is not including in the list of new provisions in
proposed Sec. 1910.302(b)(4) any proposed provision that merely
provides an alternative means of compliance for an existing
requirement. For example, as noted earlier, Sec. 1910.307(g) provides
alternative requirements for installations in hazardous (classified)
locations based on the zone classification system rather than the
division classification system that is required under the existing
standard. Such requirements accept alternative installation techniques
recognized as being equally protective by the NEC and NFPA 70E, and
there is no need to limit them to new installations.
OSHA also believes that there is no need to grandfather
requirements that apply only to temporarily installed equipment and
wiring.\14\ The few new requirements applying to temporarily installed
equipment and wiring have been in the National Electrical Code since at
least 1999 and, in most cases, since before that. Employers should
already be in compliance with such requirements since the temporary
installations almost certainly were put into place well after 1999. For
example, proposed Sec. 1910.304(b)(4)(ii) contains requirements for
providing ground-fault circuit interrupter protection for temporary
wiring installations that are used during maintenance, remodeling, or
repair of buildings, structures, or equipment or during similar
activities. Temporary wiring installations used for any of these
purposes were likely to have been installed well after 1999. An
employer who is complying with the 1999 or later edition of the NEC
will already be complying with this provision of the proposal. Even
employers who are not complying with recent versions of the NEC for
temporary wiring will face only the minimal cost of providing ground-
fault circuit interrupters; no changes would need to be made to any
existing permanent wiring, which might involve considerably more costs.
The Agency requests comments on whether any new requirements applying
only to temporarily installed equipment or wiring should also be listed
in Sec. 1910.302(b)(4), and why.
---------------------------------------------------------------------------
\14\ For the purposes of this discussion, ``temporarily
installed equipment or wiring'' is wiring and equipment installed on
a short-term rather than a long-term or permanent basis. It includes
temporary wiring covered by proposed Sec. 1910.305(a)(2) and other
equipment and wiring similarly installed on a short-term basis.
---------------------------------------------------------------------------
Additionally, OSHA recognizes that, in a proposed standard this
extensive, some new requirements might have been overlooked and some
subtle changes in existing requirements might have unanticipated
consequences. Therefore, the Agency requests comments on whether there
are any other new or revised requirements in the proposal that should
not apply to existing installations.
Requirements applicable only to installations made after April 16,
1981. Paragraph (b)(3) of Sec. 1910.302 lists requirements that apply
only to installations made after April 16, 1981. This proposed
paragraph carries forward essentially the same list as is currently in
Sec. 1910.302(b)(3). No provisions have been added to or removed from
the list.
Requirements applicable only to installations made after March 15,
1972. Paragraph (b)(2) of existing Sec. 1910.302 requires all
installations made after March 15, 1972, and every major replacement,
modification, repair, or rehabilitation made after that date to meet
all the installation requirements in Subpart S except for those listed
in Sec. 1910.302(b)(3) and (b)(4). A note following existing Sec.
1910.302(b)(2) indicates that ``major replacements, modifications,
repairs, or rehabilitations'' include work similar to that involved
when a new building or
[[Page 17782]]
facility is built, a new wing is added, or an entire floor is
renovated.
Paragraph (b)(2) of proposed Sec. 1910.302 would require all
installations built or overhauled after March 15, 1972, to comply with
all of the requirements of Sec. Sec. 1910.302 through 1910.308, except
as provided in Sec. 1910.302(b)(3) and (b)(4). As discussed earlier,
these latter two paragraphs limit the application of newer provisions
of Subpart S to installations made during later periods.
In the proposal, OSHA is introducing the term ``overhaul'' to
include the types of activities that would trigger compliance with the
otherwise grandfathered provisions of Subpart S for older
installations. ``Overhaul'' is defined as follows:
Overhaul means to perform a major replacement, modification,
repair, or rehabilitation similar to that involved when a new
building or facility is built, a new wing is added, or an entire
floor is renovated.
Thus, this new term, which is based on language in current Subpart
S, incorporates all the elements of ``major replacement, modification,
or rehabilitation'' in the text of existing Sec. 1910.302(b)(2) and in
the note following that provision. OSHA believes that the proposed
language will simplify the standard without making any substantive
change to the way in which Subpart S applies to older installations.
C. Summary of Changes in Sec. Sec. 1910.303 Through 1910.308
The Distribution Table for Subpart S lists all the provisions and
sections from Sec. Sec. 1910.303 through 1910.308 of the electrical
standard. This table summarizes any proposed changes being made to the
standard that involve grammatical edits, additions, removals, and
paragraph numbers. There are places in the standard where no
substantial change is made. Most of the changes are editorial in
nature. Some of the requirements would be removed because the material
is considered outdated. However, the substantive changes to be made to
the standard will be discussed in further detail following this
section.
Distribution Table
------------------------------------------------------------------------
Description of
OLD--section NEW--section changes and
rationale
------------------------------------------------------------------------
See the note at the end of the table
------------------------------------------------------------------------
Sec. 1910.303 General..... Sec. 1910.303 ....................
General.
1910.303(a)................. 1910.303(a)......... No substantive
change. A reference
to the Sec.
1910.399 definition
of ``approved'' is
added for
clarification.
1910.303(b)(1), introductory 1910.303(b)(1), No substantive
text. introductory text. change.
1910.303(b)(1)(i)........... 1910.303(b)(1)(i)... No substantive
change.
1910.303(b)(1)(ii).......... 1910.303(b)(1)(ii).. No substantive
change.
1910.303(b)(1)(iii). **Adds wire-bending
and connection
space to the list
of things to
consider when
judging equipment.
1910.303(b)(1)(iii)......... 1910.303(b)(1)(iv).. No substantive
change.
1910.303(b)(1)(iv).......... 1910.303(b)(1)(v)... No substantive
change.
1910.303(b)(1)(v)........... 1910.303(b)(1)(vi).. No substantive
change.
1910.303(b)(1)(vi).......... 1910.303(b)(1)(vii). No substantive
change.
1910.303(b)(1)(vii)......... 1910.303(b)(1)(viii) No substantive
change.
1910.303(b)(2).............. 1910.303(b)(2)...... No substantive
change.
1910.303(b)(3)...... **Adds a requirement
for completed
wiring to be free
from short circuits
and grounds other
than those required
in the standard.
1910.303(b)(4)...... **Adds requirements
for equipment
intended to
interrupt current
to have adequate
interrupting
ratings.
1910.303(b)(5)...... **Adds requirements
for the
coordination of
overcurrent
protection for
circuits and
equipment.
1910.303(b)(6)...... **Adds a requirement
for conductors and
equipment to be
identified for the
purpose when
installed in an
environment
containing
deteriorating
agents.
1910.303(b)(7)...... **Adds requirements
for installing
electric equipment
in a neat and
workmanlike manner.
1910.303(b)(8)...... **Adds requirements
for equipment to be
mounted securely
and to allow for
proper cooling.
1910.303(c)(1)...... **Adds requirements
to ensure that
electrical
connections are
secure and
electrically safe.
1910.303(c)(2)(i)... **Adds requirements
for connections at
terminals.
1910.303(c)(2)(ii).. **Adds requirements
for the
identification of
terminals intended
for connection to
more than one
conductor or to
aluminum.
1910.303(c)................. 1910.303(c)(3)(i)... No substantive
change.
1910.303(c)(3)(ii).. **Adds a requirement
that wire
connectors or
splicing means
installed on
directly buried
conductors be
listed for such
use.
[[Page 17783]]
1910.303(d)................. 1910.303(d)......... No substantive
change.
1910.303(e)................. 1910.303(e)......... No substantive
change. (Individual
requirements are
placed in separate
paragraphs.)
1910.303(f)................. 1910.303(f)(1)...... No substantive
1910.303(f)(2)...... change. (Individual
1910.303(f)(3)...... requirements are
placed in separate
paragraphs.)
1910.303(f)(4)...... Adds a requirement
for disconnecting
means required by
Subpart S to be
capable of
accepting a lock.
This provision is
added to make the
Subpart S
requirements on
disconnecting means
consistent with
Sec.
1910.147(c)(2)(iii)
, which requires
energy isolating
devices (a generic
term, which
includes electrical
disconnecting
means) to be
designed to accept
a lockout device.
1910.303(f)(5)...... **Adds marking
requirements for
series combination
ratings of circuit
breakers or fuses.
1910.303(g)(1), introductory 1910.303(g)(1), No substantive
text. introductory text. change.
1910.303(g)(1)(i)........... 1910.303(g)(1)(i)... **The proposal
Table S-1, Note 3... revises the
language to clarify
how wide and high
the clear space
must be.
1910.303(g)(1)(ii).......... 1910.303(g)(1)(ii).. No substantive
change.
1910.303(g)(1)(iii)......... 1910.303(g)(1)(iii). No substantive
change.
1910.303(g)(1)(iv).. **Adds a requirement
for a second
entrance on
equipment rated
1200 amperes under
certain conditions.
1910.303(g)(1)(iv).......... 1910.303(g)(1)(i)(B) **Reduced the
minimum width of
the clear space to
762 mm.
1910.303(g)(1)(v)........... 1910.303(g)(1)(v)... **Adds a prohibition
against controlling
illumination for
working spaces by
automatic means
only.
1910.303(g)(1)(vi).......... 1910.303(g)(1)(vi).. **Increased the
minimum height of
the working space
from 1.91m to 1.98m
for new
installations.
1910.303(g)(1)(vii). ** Adds requirements
for switchboards,
panelboards, and
distribution boards
installed for the
control of light
and power circuits,
and motor control
centers to be
installed in
dedicated space and
to be protected
against damage.
1910.303(g)(2)(i)........... 1910.303(g)(2)(i)... No substantive
change.
1910.303(g)(2)(ii).......... 1910.303(g)(2)(ii).. No substantive
change.
1910.303(g)(2)(iii)......... 1910.303(g)(2)(iii). No substantive
change.
1910.303(h)(1).............. 1910.303(h)(1)...... No substantive
change.
1910.303(h)(2), introductory 1910.303(h)(2)(i)... **The minimum height
text. 1910.303(h)(2)(ii).. of fences
restricting access
to electrical
installations over
600 V is reduced
from 2.44 m to 2.13
m.
1910.303(h)(2)(i)........... 1910.303(h)(2)(iii). **1. The proposal
1910.303(h)(2)(ii).......... 1910.303(h)(2)(iv).. organizes these
1910.303(h)(2)(v)... requirements on the
1910.303(h)(5)(iii). basis of whether
the installations
are indoors or
outdoors. (The
existing standard
organizes them on
the basis of
whether or not the
installations are
accessible to
unqualified
employees.)
2. Adds requirements
intended to prevent
tampering by the
general public.
3. Removes
requirement to lock
underground box
covers weighing
more than 45.4 kg.
1910.303(h)(3), introductory 1910.303(h)(3)...... No substantive
text. change.
1910.303(h)(3)(i)........... 1910.303(h)(5)(i)... **The distances in
Table S-2, Note 3... Table S-2 for the
depth of working
space in front of
electric equipment
are increased for
new installations
to match the
distances in NFPA
70E-2000.
1910.303(h)(3)(ii).......... 1910.303(h)(5)(iv).. No substantive
change.
1910.303(h)(3)(iii)......... 1910.303(h)(5)(v)... **The distances in
Table S-3 for the
elevations of
unguarded live
parts are increased
for new
installations to
match the distances
in NFPA 70E-2000.
[[Page 17784]]
1910.303(h)(4)(i)........... 1910.303(h)(4)(i)... **The existing
standard requires a
second entrance to
give access to the
working space about
switchboards and
control panels over
600 V if the
equipment exceed
1.22 m in width if
it is practical to
install a second
entrance. The
proposal requires
an entrance on each
end of switchboards
and panelboards
exceeding 1.83 m
unless the working
space permits a
continuous and
unobstructed way of
travel or the
working space is
doubled. In
addition, the
proposal requires
the lone entrance
permitted under
either of these
exceptions to be at
least the distance
specified in Table
S-2 from exposed
live parts.
1910.303(h)(4)(ii).......... 1910.303(h)(4)(ii).. No substantive
change.
1910.303(h)(5)(ii).. **Adds requirements
for equipment
operating at 600 V
or less installed
in rooms or
enclosures
containing exposed
live parts or
exposed wiring
operating at more
than 600 V.
1910.303(h)(5)(vi).. **Adds requirements
limiting the
installation of
pipes or ducts that
are foreign to
electrical
installation
operating at more
than 600 V.
Sec. 1910.304 Wiring Sec. 1910.304 ....................
design and protection. Wiring design and
protection..
1910.304(a)(1).............. 1910.304(a)(1)...... No substantive
change. (Individual
requirements are
placed in separate
paragraphs.)
1910.304(a)(2).............. 1910.304(a)(2)...... No substantive
change.
1910.304(a)(3).............. 1910.304(a)(3)...... No substantive
change.
1910.304(b)(1)...... **Adds requirements
for the
identification of
multiwire branch
circuits.
1910.304(b)(2)(i)... **Adds requirements
that receptacles
installed on 15-
and 20-ampere
circuits be of the
grounding type and
that grounding-type
receptacles be
installed in
circuits within
their rating.
1910.304(b)(2)(ii).. **Adds a requirement
for grounding
contacts on
receptacles to be
effectively
grounded.
1910.304(b)(2)(iii). **Adds requirements
on the methods used
to ground
receptacles and
cord connectors.
1910.304(b)(2)(iv).. **Adds requirements
on the replacement
of receptacles.
1910.304(b)(2)(v)... **Adds a requirement
that receptacles
installed on branch
circuits having
different voltages,
frequencies, or
types of current be
noninterchangeable.
1910.304(b)(3)...... **Adds requirements
on identification
of ungrounded
conductors on
different systems.
1910.304(b)(4)...... **Adds requirements
for ground fault
circuit interrupter
protection.
1910.304(b)(2).............. 1910.304(b)(5), No significant
introductory text. change.
1910.304(b)(5)(i)... **Adds requirements
for ratings of
lampholders.
1910.304(b)(5)(ii).. **Adds requirements
for ratings of
receptacles.
1910.304(b)(6)...... **Adds requirements
for receptacles to
be installed
wherever cords with
attachment plugs
are used.
1910.304(c), introductory 1910.304(c), No significant
text. introductory text. change. (The
requirements in
existing paragraph
(c)(5) are placed
in a separate
paragraph (d).)
1910.304(c)(1).............. 1910.304(c)(1)...... **Adds a requirement
for the separation
of conductors on
poles.
1910.304(c)(2).............. 1910.304(c)(2)...... Increases the
minimum clearances
for new
installations of
open conductors and
service drops to
match those in NFPA
70E-2000.
1910.304(c)(3).............. 1910.304(c)(3)(i)... No substantive
change. (The
proposal clarifies
that paragraph
(c)(2) applies to
platforms,
projections, or
surfaces from which
runs of open
conductors can be
reached.)
[[Page 17785]]
1910.304(c)(3)(ii).. **Adds restrictions
for installing
overhead service
conductors near
building openings
through which
materials may be
moved.
1910.304(c)(4).............. 1910.304(c)(4)...... **Adds an exception
to the minimum
clearance
requirement for
conductors attached
to the side of a
building. (The
proposal also
clarifies that
paragraph (c)(2)
applies to roof
surfaces that are
subject to
pedestrian or
vehicular traffic.)
1910.304(c)(5).............. 1910.304(d)......... No substantive
change.
1910.304(d)(1)(i)........... 1910.304(e)(1)(i)... No substantive
change.
1910.304(d)(1)(ii).......... 1910.304(e)(1)(ii).. No substantive
change.
1910.304(e)(1)(iii). **Adds a requirement
for service
disconnecting means
to be suitable for
the prevailing
conditions.
1910.304(d)(2).............. 1910.304(e)(2)...... No substantive
change.
1910.304(e)(1), introductory 1910.304(f)(1), No substantive
text. introductory text. change.
1910.304(e)(1)(i)........... 1910.304(f)(1)(i)... No substantive
change.
1910.304(e)(1)(ii).......... 1910.304(f)(1)(ii).. No substantive
change.
1910.304(e)(1)(iii)......... 1910.304(f)(1)(iii). **The types of
circuits that are
allowed to have a
single switch
disconnect for
multiple fuses are
now specified in
the standard.
1910.304(e)(1)(iv).......... 1910.304(f)(1)(iv).. No substantive
change.
1910.304(e)(1)(v)........... 1910.304(f)(1)(v)... **Adds a requirement
to clarify that
handles of circuit
breakers and
similar moving
parts also need to
be guarded so that
they do not injure
employees.
1910.304(e)(1)(vi)(A)....... 1910.304(f)(1)(vi).. No substantive
change.
1910.304(e)(1)(vi)(B)....... 1910.304(f)(1)(vii). No substantive
change.
1910.304(e)(1)(vi)(C)....... 1910.304(f)(1)(viii) **Adds circuit
breakers used on
277-volt
fluorescent
lighting circuits
to the types of
breakers required
to be marked
``SWD.''
1910.304(f)(1)(ix).. **Adds a requirement
to clarify ratings
of circuit
breakers.
1910.304(e)(2).............. 1910.304(f)(2)...... **Adds specific
requirements on how
to protect feeders
and branch circuits
energized at more
than 600 volts.
1910.304(f), introductory 1910.304(g), No substantive
text. introductory text. change.
1910.304(f)(1), introductory 1910.304(g)(1), No substantive
text. introductory text. change.
1910.304(f)(1)(i)........... 1910.304(g)(1)(i)... No substantive
change.
1910.304(f)(1)(ii).......... 1910.304(g)(1)(ii).. No substantive
change.
1910.304(f)(1)(iii)......... 1910.304(g)(1)(iii). No substantive
change.
1910.304(f)(1)(iv).......... 1910.304(g)(1)(iv).. No substantive
change. (The
specific voltage
ratings in existing
paragraphs
(g)(1)(iv)(B) and
(g)(1)(iv)(C) are
being removed.
However, this is
not a substantive
change as those are
the voltages used
in the described
systems.)
1910.304(f)(1)(v)........... 1910.304(g)(1)(v)... **Adds an exception
to the requirement
to ground systems
for high-impedance
grounded systems of
480 V to 1000 V
under certain
conditions.
1910.304(f)(2).............. .................... **Removed. The
hazard is addressed
in proposed Sec.
1910.304(a)(1)(i),
which requires
conductors used as
grounded conductors
to be identifiable
and distinguishable
from other
conductors.
1910.304(g)(2)...... **Relaxes
requirements for
grounding portable
and vehicle mounted
generators so that
the requirements
match those in
OSHA's Construction
Standards (Sec.
1926.404(f)(3)).
1910.304(f)(3).............. 1910.304(g)(3)...... No substantive
change.
1910.304(f)(4).............. 1910.304(g)(4)...... No substantive
change.
1910.304(f)(5)(i)........... 1910.304(g)(5)(i)... No substantive
change.
1910.304(f)(5)(ii).......... 1910.304(g)(5)(ii).. No substantive
change.
1910.304(f)(5)(iii)......... 1910.304(g)(5)(iii). No substantive
change.
1910.304(f)(5)(iv).......... 1910.304(g)(5)(iv).. **The exceptions for
1910.304(g)(5)(v)... grounding fixed
equipment operating
at more than 150 V
are extended to all
fixed electric
equipment
regardless of
voltage. Also, the
proposal includes a
new exception for
double-insulated
equipment.
[[Page 17786]]
1910.304(f)(5)(v)........... 1910.304(g)(5)(vi).. **Adds the following
1910.304(g)(5)(vii). equipment to the
list of cord- and
plug-connected
equipment required
to be grounded:
stationary and
fixed motor-
operated tools and
light industrial
motor-operated
tools.
1910.304(f)(5)(vi).......... 1910.304(g)(6)...... **Adds frames and
tracks of
electrically
operated hoists to
the list of
nonelectrical
equipment required
to be grounded.
1910.304(f)(6).............. 1910.304(g)(7)...... No substantive
change.
1910.304(f)(7)(i)........... 1910.304(g)(8), No substantive
introductory text. change.
1910.304(f)(7)(ii).......... 1910.304(g)(8)(i)... No substantive
change.
1910.304(f)(7)(iii)......... 1910.304(g)(8)(ii).. No substantive
change.
Sec. 1910.305 Wiring Sec. 1910.305
methods, components, and Wiring methods,
equipment for general use. components, and
equipment for
general use.
1910.305(a), introductory 1910.305(a), No substantive
text. introductory text. change.
1910.305(a)(1)(i)........... 1910.305(a)(1)(i)... **Adds a requirement
that equipment be
bonded so as to
provide adequate
fault-current-
carrying
capability. Also,
clarifies that
nonconductive
coatings need to be
removed unless the
fittings make this
unnecessary.
1910.305(a)(1)(ii).. **Adds an exception
to the bonding
requirement for the
reduction of
electrical noise.
1910.305(a)(1)(ii).......... 1910.305(a)(1)(iii). No substantive
change.
1910.305(a)(2), introductory 1910.305(a)(2), No substantive
text. introductory text. change. Removes the
provision allowing
temporary wiring to
be of a class less
than permanent
wiring per the 2002
NEC. The change has
no substantive
effect because
temporary wiring is
required to meet
the same
requirements
regardless of the
deleted language.
(Both the proposal
and the existing
standard contain
the following
requirement:
``Except as
specifically
modified in this
paragraph, all
other requirements
of this subpart for
permanent wiring
shall apply to
temporary wiring
installations.'')
1910.305(a)(2)(i), 1910.305(a)(2)(i), No substantive
introductory text. introductory text. change.
1910.305(a)(2)(i)(A)........ 1910.305(a)(2)(i)(A) Removes demolition
from the list of
activities for
which temporary
wiring is permitted
. Demolition is one
form of
construction work,
which is not
covered by the
Subpart S
installation
requirements.
1910.305(a)(2)(i)(B)........ 1910.305(a)(2)(i)(C) **Adds emergencies
to the list of
activities for
which temporary
wiring is
permitted.
1910.305(a)(2)(i)(C)........ 1910.305(a)(2)(i)(B) No substantive
change.
1910.305(a)(2)(ii).. **Clarifies that
temporary wiring
must be removed
when the project or
purpose for which
it was used has
been completed.
1910.305(a)(2)(ii).......... 1910.305(a)(2)(iii). No substantive
change.
1910.305(a)(2)(iii)(A)...... 1910.305(a)(2)(iv).. **Feeders may now
only be run as
single insulated
conductors when
accessible to
qualified employees
only and used for
experiments,
development work,
or emergencies.
(Individual
requirements are
placed in separate
paragraphs.)
1910.305(a)(2)(iii)(B)...... 1910.305(a)(2)(v)... No substantive
change. (Individual
requirements are
placed in separate
paragraphs.)
1910.305(a)(2)(iii)(C)...... 1910.305(a)(2)(vi).. No substantive
change.
1910.305(a)(2)(iii)(D)...... 1910.305(a)(2)(vii) No substantive
change.
1910.305(a)(2)(iii)(E)...... 1910.305(a)(2)(viii **Adds a
). requirement that
disconnecting means
for a multiwire
circuit
simultaneously
disconnect all
ungrounded
conductors of the
circuit.
1910.305(a)(2)(iii)(F)...... 1910.305(a)(2)(ix). **This provision no
longer allows
installing fixtures
or lampholders more
than 2.1 meters
above the working
surface as a means
of guarding. Also,
the proposal adds a
requirement for
grounding metal-
case sockets.
1910.305(a)(2)(iii)(G)...... 1910.305(a)(2)(x).. No substantive
change.
[[Page 17787]]
1910.305(a)(2)(xi).. **Adds requirements
for cable
assemblies and
flexible cords and
cables to be
adequately
supported.
1910.305(a)(3)(i)(A)........ 1910.305(a)(3)(i).. No substantive
change.
1910.305(a)(3)(i)(B)........ 1910.305(a)(3)(ii). **Adds several
types of cables and
single insulated
conductors to the
list of types
permitted in
industrial
establishments.
1910.305(a)(3)(iii). **Adds a
requirement
limiting the use of
metallic cable
trays as an
equipment grounding
conductor.
1910.305(a)(3)(i)(C)........ 1910.305(a)(3)(iv). No substantive
change.
1910.305(a)(3)(v)... **Adds a
requirement
limiting the use of
nonmetallic cable
trays.
1910.305(a)(3)(ii).......... 1910.305(a)(3)(vi). No substantive
change.
1910.305(a)(4)(i)........... 1910.305(a)(4)(i).. No substantive
change.
1910.305(a)(4)(ii).......... 1910.305(a)(4)(ii).. **Adds specific
support
requirements for
conductors smaller
than No. 8.
1910.305(a)(4)(iii)......... 1910.305(a)(4)(iii) No substantive
change.
1910.305(a)(4)(iv).......... 1910.305(a)(4)(iv). No substantive
change.
1910.305(a)(4)(v)........... 1910.305(a)(4)(v).. No substantive
change.
1910.305(b)(1).............. 1910.305(b)(1)(i)... No substantive
1910.305(b)(1)(ii).. change. (Individual
1910.305(b)(1)(iii). requirements are
placed in separate
paragraphs.)
**Adds requirements
for supporting
cables entering
cabinets, cutout
boxes, and meter
sockets.
1910.305(b)(2).............. 1910.305(b)(2)(i)... No substantive
change.
1910.305(b)(2)(ii).. **Adds a requirement
for any exposed
edge of a
combustible ceiling
finish at a fixture
canopy or pan to be
covered with
noncombustible
material.
1910.305(b)(3).............. 1910.305(b)(3)...... No substantive
change. (Individual
requirements are
placed in separate