• Employees who are working on construction of electric power systems are covered under the OSHA standard 1926 (not 1910, General Industry). However, if employees are only working on maintenance of these systems, those activities are covered under 1910.

Employees engaged in the construction of electric power transmission or distribution systems are protected by the provisions of Subpart V of the Construction Standards (Part 1926) rather than 1910.

Construction vs. maintenance

A general definition of “construction” is given at 1910.12(b) as follows: “For purposes of this section, Construction work means work for construction, alteration, and/or repair, including painting and decorating.”

Following are some situations common to electric utilities work, along with the Occupational Safety and Health Administration (OSHA)’s stance on whether the work is construction or maintenance (general industry) work.

• The repair of specific limited portions of electrical systems with “replacement in kind” parts to keep them in operation is maintenance and covered by the general industry standards.
• Generally speaking, reconfiguration of space or installation of new equipment (such as equipment capable of carrying higher voltages) is construction; refurbishing (replacement “in kind”) equipment and space is maintenance and covered under the general industry standards.
• The building of new power lines and towers, generation plants, underground distribution facilities and power stations is construction. Additions to or extensions of existing equipment or lines is also construction.
• Moving an existing power line and supporting poles, even without alteration or replacement of parts, a few feet to the side to allow for the widening of a roadway is construction and covered under Part 1926, Subpart V, because this is a layout alteration. If there were violations, the company moving the power lines, in this scenario the contractor working on the roadway, would be cited under Part 1926. If further down the road, longer power lines (with longer power line spans) or different sized poles (e.g., 35-foot to 40-foot pole replacement) had to be installed to cross the widened span of the roadway, then this operation would also be covered under the construction standards due to the design specification changes involved.
• Scheduled touch-up and spot painting that is done to maintain equipment or structures is not construction. Therefore, maintenance painting for power generating, transmission, and distribution equipment is covered by 1910.269. Painting to complete newly built structures and buildings is construction covered by 1926. Additionally, a complete repainting job in one room or on a major portion of a structure or building is construction and removal of lead-based paint is also construction. (Note: Painting is not covered by Part 1926 Subpart V.)

In cases in which it is not readily obvious whether the general industry or construction standards apply, citations of the appropriate standards from both general industry and construction may be issued, in the alternative, to address each identified hazard.