Does NFPA 70E Really Require Anything New?

Palmer Hickman
Director of Code and Safety Training and Curriculum Development
National Joint Apprenticeship and Training Committee for the Electrical Industry

Agenda
A case study from NIOSHs Fatality Assessment and Control Evaluation (FACE) program A look at a number of OSHAs provisions A look at a number of NFPA 70E provisions Final thoughts

Electrical Project Supervisor Dies

On May 16, 1992, a 46-year-old electrical project supervisor died when he contacted an energized conductor inside a control panel. The victim had worked for this employer for 5 years and 3 months as a project supervisor, and had approximately 27 years of electrical experience.

Electrical Project Supervisor Dies

The employer was an industrial electrical contracting company that had been in operation for 10 years. The company and victim had been working at the packaging plant for 6 months before the incident; this was the company's first fatality.

Electrical Project Supervisor Dies

adapted from http://www.cdc.gov/niosh/face/In-house/full9220.html

The company's written safety program, administered by the president/CEO and the project supervisors, included disciplinary procedures specifying that three reprimands would result in termination. The county coroner reported the cause of death as cardiac arrest due to electrical shock.

What Was the Task?

The company had been contracted to install two control cabinets, conduit, wiring, and two solid-state compressor motor starters for two 400-horsepower air compressors. On the day of the incident, the victim and three co-workers arrived at the plant at 7 a.m.

What Was the Task?

They were scheduled to install the last starter and to complete the wiring from the compressor motor to the starter in the control panel, and from the starter control panel to the main distribution panel. Once installation was completed, they were to check the operation of the unit.

What Transpired?
At approximately 3:15 p.m., the starter had been installed and all associated wiring had been completed. The victim directed a helper to turn the switch to the "on" position at the main distribution panel, approximately 6 feet away, to check the starter's operation.

What Transpired?
The helper turned the switch to the "on" position, energizing the components inside the starter control panel. The victim pushed the starter "start" button, and the starter indicator light activated, but the compressor motor did not start.

What Transpired?
When the compressor motor did not engage, the victim concluded that a problem existed inside the starter control panel. The victim directed the electrician to retrieve a voltmeter so that he could check the continuity of the wiring inside the starter control panel.

What Transpired?
In the interim, the victim opened the starter control panel door without de-energizing the unit and reached inside to trace the wiring and check the integrity of the electrical leads. In doing so, he contacted the 480-volt primary lead for the motor starter with his left hand. Current passed through the victim's left hand and body and exited through his feet to the ground.

What Transpired?
The victim yelled, and the helper immediately turned the main distribution switch to the "off" position as the victim collapsed to the floor. A plant maintenance supervisor walking by the area saw the event and called the emergency medical service (EMS).

What Transpired?
The helper checked the victim and immediately administered cardiopulmonary resuscitation (CPR). The EMS arrived in 10 to 15 minutes, continued CPR, and transported the victim to the local hospital where he was pronounced dead 1 hour and 20 minutes after the incident occurred.

RECOMMENDATIONS/DISCUSSION:
Recommendation #1: Employers should stress and reinforce the importance of following established safe work procedures, with particular emphasis on de-energizing electrical systems before any work is performed.

RECOMMENDATIONS/DISCUSSION:
Recommendation #2: Employers should routinely conduct scheduled and unscheduled worksite safety inspections. Recommendation #3: Employers should encourage workers to actively participate in workplace safety.

What Does OSHA Require?

OSH Act Section 5. Duties (a) Each employer -(1) 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 his employees;

What Does OSHA Require?

1926.21(b)(2) The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury

What Does OSHA Require?

Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.
[1910.132(a)]

What Does OSHA Require?

Hazard assessment and equipment selection for eye, face, hand, head, and foot protection [1910.132(d)] The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE). If such hazards are present, or likely to be present, the employer shall:

What Does OSHA Require?

Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment; Communicate selection decisions to each affected employee; and, Select PPE that properly fits each affected employee.

What Does OSHA Require?

The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.

What Does OSHA Require?

Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary...
[1926.95(a)]

What Does OSHA Require?

Safety-related work practices shall be employed to prevent electric shock or other injuries resulting from either direct or indirect electrical contacts, when work is performed near or on equipment or circuits which are or may be energized. The specific safety-related work practices shall be consistent with the nature and extent of the associated electrical hazards. [1910.333(a)]

What Does OSHA Require?

Live parts to which an employee may be exposed shall be deenergized before the employee works on or near them, unless the employer can demonstrate that deenergizing introduces additional or increased hazards or is infeasible due to equipment design or operational limitations. [1910.333(a)(1)]

What Does OSHA Require?

If the exposed live parts are not deenergized (i.e., for reasons of increased or additional hazards or infeasibility), other safety-related work practices shall be used... The work practices that are used shall be suitable for the conditions under which the work is to be performed and for the voltage level of the exposed electric conductors or circuit parts. [1910.333(a)(2)]

What Does OSHA Require?

While any employee is exposed to contact with parts of fixed electric equipment or circuits which have been deenergized, the circuits energizing the parts shall be locked out or tagged or both [1910.333(b)(2)]

What Does OSHA Require?

Use of Protective Equipment [1910.335(a)] 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.

What Does OSHA Require?

Use of Protective Equipment When working near exposed energized conductors or circuit parts, each employee shall use insulated tools or handling equipment if the tools or handling equipment might make contact with such conductors or parts.

What Does OSHA Require?

Use of Protective Equipment Protective shields, protective barriers, or insulating materials shall be used to protect each employee from shock, burns, or other electrically related injuries while that employee is working near exposed energized parts which might be accidentally contacted or where dangerous electric heating or arcing might occur.

What Does OSHA Require?

No employer shall permit an employee to work in such proximity to any part of an electric power circuit that the employee could contact the electric power circuit in the course of work, unless the employee is protected against electric shock by deenergizing the circuit and grounding it or by guarding it effectively by insulation or other means. [1926.416(a)(1)]

What Does NFPA 70E Require?

from 110.8(B)(1) Appropriate safety-related work practices shall be determined before any person approaches exposed live parts within the Limited Approach Boundary by using both shock hazard analysis and flash hazard analysis.

What Does NFPA 70E Require?

A shock hazard analysis shall determine: the voltage to which personnel will be exposed, boundary requirements, and the personal protective equipment necessary in order to minimize the possibility of electrical shock to personnel.

What Does NFPA 70E Require?

A flash hazard analysis shall be done to: protect personnel from the possibility of being injured by an arc flash determine the Flash Protection Boundary and determine the personal protective equipment to be used within the Flash Protection Boundary

What Does NFPA 70E Require?

130.1(A)(1) Energized Electrical Work Permit if live parts are not placed in an electrically safe work condition the work to be performed shall be considered energized electrical work and must [generally] be performed by written permit only

What Does NFPA 70E Require?

from 110.6(A) and (B) Employees shall be trained: to understand the specific hazards associated with electrical energy in safety-related work practices and procedural requirements to identify and understand the relationship between hazards and injury. The degree of training provided shall be determined by the risk to the employee.

What Does NFPA 70E Require?

from 110.6(A) and (B) Employees shall be trained: to understand the specific hazards associated with electrical energy in safety-related work practices and procedural requirements to identify and understand the relationship between hazards and injury. The degree of training provided shall be determined by the risk to the employee.

What Does NFPA 70E Require?

130.7(D)(1) employees must use insulated tools and/or handling equipment when working inside the limited approach boundary 130.7(D)(1)(f) . Protective shields, protective barriers, or insulating materials shall be used to protect each employee from shock, burns, or other electrically related injuries

OSHA is the Shall

Is 70E the How?

OSHA Letter of Interpretation

adapted from http://osha.gov/pls/oshaweb/owadisp.show_ document?p_table=INTERPRETATIONS&p_id= 25973 1926.95(a); 1926.416(a); 1926.416(a)(1); 1926 Subpart K February 29, 2008

OSHA Letter of Interpretation

OSHA requirements are set by statute, standards and regulations Interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations The letter constitutes OSHA's interpretation of the requirements discussed Enforcement guidance may be affected by changes to OSHA rules From time to time guidance is updated in response to new information.

OSHA Letter of Interpretation

Question (1) Employees will be using an insulated device to verify that an electrical circuit that has been "turned off, locked, and tagged" is deenergized. Are these employees required to use PPE under OSHA's construction standard 1926.416(a)(1) and/or NFPA 70E?

OSHA Letter of Interpretation

Answer: Section 1926.416(a)(1) provides: No employer shall permit an employee to work in such proximity to any part of an electric power circuit that the employee could contact the electric power circuit in the course of work, unless the employee is protected against electric shock by de-energizing the circuit and grounding it or by guarding it effectively by insulation or other means

OSHA Letter of Interpretation

In this scenario, the employees are exposed to the hazard of electric shock since a determination that the circuit has been de-energized has not yet occurred. These employees must be protected against electric shock "by guarding [the part] by insulation or other means." When so guarded, PPE would not be required to protect against the electric shock hazard, [BUT]

OSHA Letter of Interpretation

An additional hazard that may be associated with the work described in your scenario is that of arc flash While Subpart K requirements have the effect of reducing the likelihood of an arc flash, Subpart K does not address the hazard that an arc flash poses to employees if it were to occur

OSHA Letter of Interpretation

However, 29 CFR 1926.95(a) provides that: Protective equipmentshall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary ----------------------------------- Industry consensus standards can be evidence that there is a hazard for which that PPE is "necessary."

OSHA Letter of Interpretation

While the NFPA 70E consensus standard has not been adopted as an OSHA standard, it is relevant as evidence that arc flash is a recognized hazard and that PPE is necessary to protect against that hazard NFPA 70E Article 130 sets out alternative approaches for protecting against arc flash Use an arc flash analysis to determine the Flash Protection Boundary and PPE to be used within that boundary

OSHA Letter of Interpretation

NFPA 70E's Hazard/Risk Category Classifications assigns a "Hazard/Risk Category" of "1" or higher for "Work on energized parts, including voltage testing Under Table 130.7(C)(10), that categorization triggers various PPE provisions, includingflame-resistant clothing and other protective equipment Thus, NFPA 70E is evidence that the industry recognizes the hazard of arc flash, that this hazard is present when testing voltage, and that, when present, it is necessary for PPE to be used to protect the employee from it

OSHA Letter of Interpretation

Because the arc flash hazard varies with site-specific factors, we [OSHA] cannot determine from the information provided the extent of the arc flash hazard in the scenario or the appropriate PPE One way of ensuring that an employee is adequately protected is to use the NFPA 70E for assessing the factors in a specific situation and determining what protection to use

OSHA Letter of Interpretation

http://osha.gov/pls/oshaweb/owadisp.show_docu ment?p_table=INTERPRETATIONS&p_id=25557 November 14, 2006 This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any situation not delineated within the original correspondence.

OSHA Letter of Interpretation

1910.303; 1910.303(e); 1910.333; 1910.333(a)(1); 1910.333(b)(2); 1910.335; 1910.335(b); 1910.335(b)(1); 1910.335(a)(1)(iv); 1910.335(a)(1)(v); 1910.335(a)(2)(i); 1910.335(a)(2)(ii)

OSHA Letter of Interpretation

Question 2: Is flame-resistant clothing required for employees working on electrical installations covered by Subpart S? Question 3: How is OSHA enforcing 1910.132 and Subpart S with regard to the latest edition of NFPA 70E requirements? Question 4: Does OSHA issue Section 5(a)(1) General Duty Clause violations to companies who do not follow the new NFPA 70E requirements?

Question 2 Reply
Where there is no 1910.335(a)(2)(ii) safeguard that would fully protect against the hazards, an employer is still obligated under the Occupational Safety and Health Act of 1970 to take reasonable steps that will protect the employee to the degree possible OSHA recommends that employers consult consensus standards such as NFPA 70E-2004 to identify safety measures that can be used to comply with or supplement the requirements of OSHA's standards for preventing or protecting against arcflash hazards

Question 2 Reply
Other NFPA 70E, Article 130 provisions, such as the justification for work through the use of an energized electrical work authorization permit, and the completion of a job briefing with employees before they start each job, additionally decrease the likelihood that exposure to electrical hazards would occur.

Question 3 Reply
OSHA has not conducted a rulemaking to adopt the requirements of the latest edition of NFPA 70E and, therefore, does not "enforce" those requirements. However, industry consensus standards, such as NFPA 70E, can be used by OSHA and employers as guides in making hazard analyses and selecting control measures. With regards to enforcing 1910.132 and the Subpart S standards, the PPE requirements contained in Subpart S would prevail over the general requirements contained in 1910.132 where both standards would apply to the same condition, practice, control method, etc. See 1910.5(c)(1).

Question 4 Reply
A violation of the General Duty Clause, Section 5(a)(1) of the Act, exists if an employer has failed to furnish a workplace that is free from recognized hazards causing or likely to cause death or serious physical injury. The General Duty Clause is not used to enforce the provisions of consensus standards, although such standards are sometimes used as evidence of hazard recognition and the availability of feasible means of abatement. In addition, the General Duty Clause usually should not be used if there is a standard that applies to the particular condition, practice, means, operation, or process involved. See 1910.5(f).

Final Thoughts
How many of us have received an electrical shock or know someone who has been involved in an arc flash event? Would the NIOSH recommendations, if put into practice before the work commenced, have saved the life of the 46-year-old? Does OSHA have rules in place? Does NFPA 70E require more that OSHA?

Does NFPA 70E Really Require Anything New?

Palmer Hickman
Director of Code and Safety Training and Curriculum Development
National Joint Apprenticeship and Training Committee for the Electrical Industry