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OSHA recently revised the 40-year-old construction standard for electric power line work to make it more consistent with the corresponding general industry standard and is also making some revisions to the construction and general industry requirements. The updated standards for general industry and construction include new or revised provisions for host and contract employers to share safety-related information with each other and with employees, as well as for improved fall protection for employees working from aerial lifts and on overhead line structures. In addition, the standards adopt revised approach-distance requirements to better ensure that unprotected workers do not get dangerously close to energized lines and equipment. The final rule also adds new requirements to protect workers from electric arcs.
The final rule is effective July 10, 2014. However, OSHA adopted delayed compliance deadlines for certain requirements and established a temporary enforcement policy that is in effect through October 31, 2014.
Electrical protective equipment
General industry and construction standards for electrical protective equipment are also revised under the final rule. The new standard for electrical protective equipment applies to all construction work and replaces the existing construction standard, which was based on out-of-date information, with a set of performance-oriented requirements consistent with the latest revisions of the relevant consensus standards. The new standards address the safe use and care of electrical protective equipment, including new requirements that equipment made of materials other than rubber provide adequate protection from electrical hazards.
The final rule will result in estimated monetized benefits of $179 million annually, with net benefits equal to about $130 million annually.
Other new or revised regulations
The final rule includes new or revised requirements for fall protection, minimum approach distances, and arc-flash protection, and for host employers and contract employers to exchange safety-related information. The final rule also includes requirements for electrical protective equipment.
OSHA memo explains temporary citation policy for electric power standard—February 18, 2015
On April 11, 2014, OSHA promulgated a final rule revising the general industry and construction standards for work on electric power generation, transmission and distribution installations. The revised standards became effective on July 10, 2014, although some paragraphs have compliance deadlines in 2015. A Memorandum for Regional Administrators, dated June 20, 2014, and extended on October 28, 2014, and again on December 16, 2014, established a temporary enforcement policy for 29 CFR 1910.269 and 29 CFR Part 1926, Subpart V; that policy provided that OSHA would accept compliance with the prior version of 29 CFR 1910.269 as compliance with revised 29 CFR 1910.269 and 29 CFR Part 1926, Subpart V.
This memorandum revokes the temporary citation policy of June 20, 2014, as extended. OSHA will immediately begin enforcing all paragraphs of 29 CFR 1910.269 and 29 CFR Part 1926, Subpart V according to the compliance dates set forth in those rules, except as stated in this memorandum.
A. Training
OSHA is not adopting a general enforcement delay for the training provisions at 29 CFR 1910.269(a)(2) or 29 CFR 1926.950(b). However, the Agency will not cite employers for failing to train employees in the work practices necessary to comply with the provisions addressed elsewhere in this memorandum until the Agency is enforcing those provisions.
B. Information Transfer
Until June 30, 2015, no citations will be issued to host employers (as defined at 29 CFR 1910.269(x) and 29 CFR 1926.968) under the information-transfer provisions at 29 CFR 1910.269(a)(3) and 29 CFR 1926.950(c), provided that after April 30, 2015, the employer can demonstrate that it is providing contract employers (as defined at 29 CFR 1910.269(x) and 29 CFR 1926.968) with the information, other than information on maximum switching-transient voltages, required by 29 CFR 1910.269(a)(3)(i)(A) and 29 CFR 1926.950(c)(1)(i).
Until June 30, 2015, no citations will be issued to contract employers (as defined at 29 CFR 1910.269(x) and 29 CFR 1926.968) under the information-transfer provisions at 29 CFR 1910.269(a)(3) and 29 CFR 1926.950(c).
C. Job Briefing
Until April 30, 2015, no citations will be issued under 29 CFR 1910.269(c)(1)(i) or 29 CFR 1926.952(a)(1), which require the employer to provide the employee in charge of the job with all available information that relates to the determination of existing characteristics and conditions.
D. Minimum Approach Distances
The standards give employers until April 1, 2015, to comply with revised minimum approach distances for voltages of 5.1 kilovolts and more. See 29 CFR 1910.269 (Table R-3, Note 4) and 29 CFR 1926.960 (Table V-2, Note 4).
Until January 31, 2016, for voltages of 169.1 kilovolts and more: (i) no citations will be issued under 29 CFR 1910.269(l)(3)(ii) or 29 CFR 1926.960(c)(1)(ii), which require the employer to determine the maximum anticipated per-unit transient overvoltage; and (ii) OSHA will accept compliance with the minimum approach distances in Table 6 or Tables 10 to 13 in Appendix B to 29 CFR 1910.269 as compliance with 29 CFR 1910.269(l)(3)(i) and 29 CFR 1926.960(c)(1)(i). If peer-reviewed guidance regarding the calculation of maximum transient overvoltages is not available before May 1, 2015, OSHA will extend this policy as necessary to give employers time to read and implement such guidance when it becomes available.
Until January 31, 2016, for voltages of 72.6 to 169.0 kilovolts, no citations will be issued under 29 CFR 1910.269(l)(3)(ii) or 29 CFR 1926.960(c)(1)(ii), which require the employer to determine the maximum anticipated per-unit transient overvoltage, provided the employer assumes a maximum anticipated per-unit transient overvoltage, phase-to-ground, of 3.0 per unit. If peer-reviewed guidance regarding the calculation of maximum transient overvoltages is not available before May 1, 2015, OSHA will extend this policy as necessary to give employers time to read and implement such guidance when it becomes available.
E. Estimates of Available Heat Energy
Until March 31, 2015, no citations will be issued under 29 CFR 1910.269(l)(8)(ii) or 29 CFR 1926.960(g)(2), which require the employer to make a reasonable estimate of the incident heat energy exposures faced by each employee exposed to electric arc hazards.
F. Flame Resistant Clothing
Under 29 CFR 1910.269(l)(8)(iv)(A) through (l)(8)(iv)(C) and 29 CFR 1926.960(g)(4)(i) through (g)(4)(iii), employers generally must ensure that the outer layer of clothing worn by an employee is flame resistant under certain conditions. Before April 1, 2015, no citations will be issued under 29 CFR 1910.269(l)(8)(iv)(A) through (l)(8)(iv)(C) or 29 CFR 1926.960(g)(4)(i) through (g)(4)(iii) for a failure to wear flame-resistant pants when employees are wearing 11-ounce or heaver weight cotton pants.
G. Arc-rated Protection
The standards give employers until April 1, 2015, to comply with 29 CFR 1910.269(l)(8)(v) or 29 CFR 1926.960(g)(5), which generally require employers to ensure that each employee exposed to hazards from electric arcs wears protective clothing and other protective equipment with an arc rating greater than or equal to the estimated heat energy to which he or she would be exposed. Until August 31, 2015, no citations will be issued under 29 CFR 1910.269(l)(8)(v) or 29 CFR 1926.960(g)(5) because an employer failed to provide protective clothing or equipment rated higher than 8 cal/cm2.
H. Fall Protection in Aerial Lifts
Until March 31, 2015, no citations will be issued under 29 CFR 1910.269(g)(2)(iv)(C)(1), which requires employees working from aerial lifts to use fall restraint systems or personal fall arrest systems, to any employer performing line-clearance tree-trimming work covered by 29 CFR 1910.269, provided that the employer ensures that each employee uses a body belt and lanyard attached to the boom or basket of the aerial lift.
From March 31 to December 31, 2015, no citations will be issued under 29 CFR 1910.269(g)(2)(iv)(C)(1) to any employer performing line-clearance tree-trimming work covered by 29 CFR 1910.269 provided that the employer is actively testing the use of fall restraint systems in the type of bucket at issue in some or all of its affected aerial lifts and provided the employer ensures that each employee not protected by a fall restraint system or a personal fall arrest system uses a body belt and lanyard attached to the boom of the aerial lift. For purposes of this policy, “actively testing” means that the employer, at a minimum, has coordinated with a manufacturer of fall restraint systems to select appropriate fall restraint equipment, is testing the use of that equipment in the field, and has provided training to affected crews regarding how to use that equipment safely. This policy does not apply to types of aerial lift buckets for which the employer is not actively testing the use of fall restraint systems.
I. Fall Protection in Elevated Locations on Poles, Towers, or Similar Structures Under 29 CFR 1910.269(g)(2)(iv)(C)(2) and (3) and 29 CFR 1926.954(b)(3)(iii)(B) and (C), employers generally must ensure that employees in elevated locations more than 1.2 meters (4 feet) above the ground on poles, towers, or similar structures use a personal fall arrest system, work-positioning equipment, or fall restraint system, as appropriate. (The standards provide that until March 31, 2015, qualified employees climbing or changing location on poles, towers, or similar structures do not need to use fall protection equipment unless conditions could cause the employee to lose his or her grip or footing.) Until May 31, 2015, no citations will be issued under 29 CFR 1910.269(g)(2)(iv)(C)(2) or (3) or 29 CFR 1926.954(b)(3)(iii)(B) or (C) to employers complying with the fall protection requirements in the version of 29 CFR 1910.269(g)(2)(v) that was in effect on April 11, 2014.
J. Underground Installations/Work in Manholes and Vaults
Until February 28, 2015, no citations will be issued under 29 CFR 1910.269(t)(5) through (t)(7) or 29 CFR 1926.965(f) through (h), which address the movement of cables and protection against faults in underground electrical installations, provided the employer is in compliance with the requirements for underground electrical installations in the version of 29 CFR 1910.269(t)(5) through (t)(7) that was in effect on April 11, 2014.
Harmonize construction and general industry requirements
The updated standards harmonize construction and general industry requirements so that the same rules apply generally to the same kinds of work. In addition, OSHA based its revisions on the latest consensus standards and improvements in electrical safety technology.
Illustrating the need for these updates, the previous Electric Power Transmission and Distribution for Construction standard was issued in 1972 and referenced consensus standards of that time. The later Electric Power Generation, Transmission, and Distribution for General Industry (Operation and Maintenance) standard, issued in 1994, also needed updating based on advances in electrical safety technology. Together, the updated standards create a unified and up-to-date set of requirements to help employers more effectively establish work practices to protect their workers.
Benefits
OSHA expects the updated standards to prevent at least an additional 118 workplace injuries and 20 fatalities annually, compared with the earlier standards. The Agency estimates the net monetized benefits of the final rule to be about $130 million annually ($179 million in benefits minus $49 million in costs). In addition, the updated standards are easier to understand and to apply, thus improving safety by facilitating compliance.
Rulemaking background
OSHA published a notice of proposed rulemaking to update these standards on June 15, 2005. The Agency held a public hearing on the proposed rule from March 6 to March 14, 2006, and held an additional public hearing on a limited reopening of the proposed rule on October 28, 2009.
Significant changes to the standards
General training:
- The degree of training must be determined by risk to the worker for the hazard involved.
- Qualified workers must have training to recognize and control or avoid electrical hazards present at the worksite.
- Line-clearance tree trimmers must have training to distinguish exposed live parts and to determine the voltage on those parts, and they must have training in minimum approach distances and how to maintain them.
- It is no longer necessary for employers to certify that workers are proficient in safe work practices.
Host employers and contractors
Host and contract employers must share information with each other on safety-related matters and must coordinate their work rules and procedures.
Fall protection
On and after April 1, 2015, qualified workers must use fall protection when climbing or changing location on poles, towers, or similar structures unless climbing or changing location with fall protection is infeasible or creates a greater hazard than climbing or changing location without it. Fall arrest equipment must be capable of passing a drop test after exposure to an electric arc with a heat energy of 40±5 cal/cm² if the workers using the fall protection are exposed to flames or electric arc hazards.
On and after April 1, 2015, work-positioning equipment must be rigged so that workers can free fall no more than 0.6 meters (2 feet). Information on the inspection of work-positioning equipment appears in appendices to the standards.
Minimum approach distances and insulation
Revised minimum approach distances become effective on April 1, 2015. Information to help employers establish minimum approach distances appears in appendices to the standards.
Protection from flames and electric arc hazards
The employer must assess the workplace to identify workers exposed to flame or electric-arc hazards.
No later than January 1, 2015, employers must estimate the incident heat energy of any electric-arc hazard to which a worker would be exposed. No later than April 1, 2015, employers generally must provide workers exposed to hazards from electric arcs with protective clothing and other protective equipment with an arc rating greater than or equal to the estimated heat energy.
Information on protecting workers from flames and electric arcs appears in appendices to the standards.
Deenergizing transmission and distribution lines and equipment
Multiple crews working together on the same lines or equipment must either: (a) coordinate their activities under a single worker in charge and work as if all of the employees formed a single crew; or (b) independently comply with the standard and, if there is no system operator in charge of the lines or equipment, have separate tags and coordinate deenergizing and reenergizing the lines and equipment with the other crews.
Protective grounding
Employers may use insulating equipment other than a live-line tool for placing grounds on or removing grounds from circuits of 600 volts or less under certain conditions.
Information on protective grounding for deenergized lines appears in appendices to the standards.
Underground electrical installations
Special precautions apply when employees perform work that could cause a cable to fail.
Electrical protective equipment
The Electrical Protective Equipment for Construction standard applies to all construction work, not just electrical power generation, transmission, and distribution work. That standard also replaces the existing construction standard’s incorporation of out-of-date consensus standards with a set of performance-oriented requirements that is consistent with the latest revisions of the relevant consensus standards.
The final rule recognizes a new class of electrical protective equipment, Class 00 rubber insulating gloves.
The standards adopt new requirements for electrical protective equipment made of materials other than rubber.
Foot protection
In addition to revising the Electric Power Generation, Transmission, and Distribution, and the Electrical Protective Equipment standards, OSHA also revised the General Industry Foot Protection standard to clarify that an employer must ensure that workers use protective footwear as a supplementary form of protection when the use of protective footwear will protect the workers from electrical hazards, such as static-discharge or electric-shock hazards, that remain after the employer takes other necessary protective measures.
Scope of Subpart V
Subpart V (except for paragraph (a)(3) of this section) covers the construction of electric power transmission and distribution lines and equipment. As used in this subpart, the term “construction” includes the:
- Erection of new electric transmission and distribution lines and equipment; and
- Alteration, conversion, and improvement of existing electric transmission and distribution lines and equipment.
Paragraph 1926.950(a)(3) states, “Line-clearance tree-trimming operations and work involving electric power generation installations shall comply with 1910.269 of this chapter.” OSHA goes on to say, “An employer that complies with 1910.269 of this chapter will be considered in compliance with requirements in this subpart that do not reference other subparts of this part. Compliance with 1910.269 of this chapter will not excuse an employer from compliance obligations under other subparts of this part.”
Training requirements
The following training requires are from Subpart V’s 1926.950-1926.968, including the Appendices A-G.
Training. Each employee must be trained in, and familiar with, the safety-related work practices, safety procedures, and other safety requirements in this subpart that pertain to his or her job assignments.
- Each employee shall also be trained in and familiar with any other safety practices, including applicable emergency procedures (such as pole-top and manhole rescue), that are not specifically addressed by this subpart but that are related to his or her work and are necessary for his or her safety.
- The degree of training shall be determined by the risk to the employee for the hazard involved.
Qualified employees. Each qualified employee must also be trained and competent in:
- The skills and techniques necessary to distinguish exposed live parts from other parts of electric equipment;
- The skills and techniques necessary to determine the nominal voltage of exposed live parts;
- The minimum approach distances specified in this subpart corresponding to the voltages to which the qualified employee will be exposed and the skills and techniques necessary to maintain those distances;
- he proper use of the special precautionary techniques, personal protective equipment, insulating and shielding materials, and insulated tools for working on or near exposed energized parts of electric equipment; and
- The recognition of electrical hazards to which the employee may be exposed and the skills and techniques necessary to control or avoid these hazards.
Supervision and annual inspection. The employer must determine, through regular supervision and through inspections conducted on at least an annual basis, that each employee is complying with the safety-related work practices required by this subpart.
Additional training. An employee must receive additional training (or retraining) under any of the following conditions:
- If the supervision or annual inspections indicate that the employee is not complying with the safety-related work practices required by this subpart, or
- If new technology, new types of equipment, or changes in procedures necessitate the use of safety-related work practices that are different from those which the employee would normally use, or
- If he or she must employ safety-related work practices that are not normally used during his or her regular job duties.
Training goals. The training shall establish employee proficiency in the work practices required by Subpart V and shall introduce the procedures necessary for compliance with this subpart. Demonstration of proficiency. The employer must ensure that each employee has demonstrated proficiency in the work practices involved before that employee is considered as having completed the training required.
NOTE 1: Though they are not required by this paragraph, employment records that indicate that an employee has successfully completed the required training are one way of keeping track of when an employee has demonstrated proficiency. NOTE 2: For an employee with previous training, an employer may determine that the employee has demonstrated the proficiency required by this paragraph using the following process: (1) confirm that the employee has the training required, (2) use an examination or interview to make an initial determination that the employee understands the relevant safety-related work practices before he or she performs any work covered by this subpart, and (3) supervise the employee closely until that employee has demonstrated proficiency as required by this paragraph. Provide medical services and first aid as required in 1926.50. First-aid training. In addition to the requirements of 1926.50, when employees are performing work on, or associated with, exposed lines or equipment energized at 50 volts or more, persons with first-aid training must be available as follows:
- For field work involving two or more employees at a work location, at least two trained persons shall be available.
- For fixed work locations such as substations, the number of trained persons available shall be sufficient to ensure that each employee exposed to electric shock can be reached within 4 minutes by a trained person. However, where the existing number of employees is insufficient to meet this requirement (at a remote substation, for example), each employee at the work location shall be a trained employee.
Job briefing. The employer must ensure that the employee in charge of the job conducts a job briefing:
- The briefing must cover at least the following subjects: Hazards associated with the job, work procedures involved, special precautions, energy-source controls, and personal protective equipment requirements.
- Frequency: At least one before each day or shift. If the work or operations to be performed during the work day or shift are repetitive and similar, at least one job briefing must be conducted before the start of the first job of each day or shift. Additional briefings: Additional job briefings must be held if significant changes, which might affect the safety of the employees, occur during the course of the work.
Short discussion — A brief discussion is satisfactory if the work involved is routine and if the employees, by virtue of training and experience, can reasonably be expected to recognize and avoid the hazards involved in the job.
Detailed discussion — A more extensive discussion shall be conducted if the work is complicated or particularly hazardous, or if the employee cannot be expected to recognize and avoid the hazards involved in the job.
Training. Each employee who enters an enclosed space or who serves as an attendant must be trained in the hazards of enclosed-space entry, in enclosed-space entry procedures, and in enclosed-space rescue procedures.
Attendants. While work is being performed in the enclosed space, an attendant with first-aid training shall be immediately available outside the enclosed space to provide assistance if a hazard exists because of traffic patterns in the area of the opening used for entry. The attendant is not precluded from performing other duties outside the enclosed space if these duties do not distract the attendant from: Monitoring employees within the space or ensuring that it is safe for employees to enter and exit the space.
Until the employer ensures that employees are proficient in climbing and the use of fall protection under 1926.950(b)(7), the employees are not considered “qualified employees” and unqualified employees (including trainees) must use fall protection any time they are more than 1.2 meters (4 feet) above the ground.
Testing and test facilities The employer shall ensure that each employee, upon initial assignment to the test area, receives training in safe work practices, with retraining provided as required by 1926.950(b).
Live-line barehand work. Before an employee uses or supervises the use of the live-line barehand technique on energized circuits, the employer must ensure that the employee completes training conforming to 1926.950(b) in the techniques and in the safety requirements in 1926.964(c).
Attendants for manholes and vaults. While work is being performed in a manhole or vault containing energized electric equipment, an employee with first-aid training must be available on the surface in the immediate vicinity of the manhole or vault entrance to render emergency assistance.
Appendix B to Subpart V of Part 1926— Working on Exposed Energized Parts
The training of qualified employees required under1926.950, and the job planning and briefing required under 1926.952, must address selection of a proper working position.