arc flash liability

[malachi constant]

Hypothetical question. An Owner hires a general contractor (using standard AIA contract forms and specs) to do some renovation on his facility. The general subs out the electrical work to an EC. Assume all equipment is labeled with generic arc flash warning stickers. During the course of the project an arc flash occurs, and the electrician working on said equipment was not wearing proper PPE for the task at hand. Set aside the cause of the arc flash and the resultant damage to the equipment and building. To what extent is the Owner liable for the electrician not wearing the proper PPE?

I would assume, in this hypothetical situation, that the statements along the lines of "contractor must follow all relevant OSHA/NFPA requirements" in the specs would absolve the Owner of any liability.

I'm trying to decide if we need to add specific verbiage in our specs about contractors training all relevant employees on the dangers of arc flash, and supplying all PPE as necessary for completion of project, etc. Just seems once you start spelling out OSHA requirements you have lost the battle, because you're not going to get all of them.

Thoughts?

 

[petersonra]

OSHA does not allow an owner to pawn off his responsibility to provide a safe work place on to a contractor.

Having said that, it is all but impossible for most owners to supervise the employees of a contractor to insure they are actually following the rules, so they are trapped into having the contractor be responsible for doing so.

IMO, providing arc flash labels that show the actual incident energy is the owner's responsibility. I don't see how the owner can get away with only supplying "generic" arc flash warning stickers as they are inadequate for determining PPE requirements.

 

[jim dungar]

Thoughts?

Requirements for the use of PPE for arc flash and shock protection is no different than for PPE for other hazards. How do you make sure that the roofers use the correct PPE, what about confined space PPE, or respirators?

Some steps you could take are covered in NFPA 70E article 110.1.
Documented safety meeting with contractor. Have a reporting procedure for when 'owner' notices possible violations. Require submittal of contractor's written Electrical Safe Work Practices policy. Only use contractors which have had 3rd parting auditing of their safety policy and training.

 

[zog]

The owner/contractor responsibilites are clearly outlined in the 70E. Were recently expanded too. Many facilities use this form

 

[jxofaltrds]

What if Workers Comp is not in place? What if they have no insurance? What if the License # they gave you is expired?

 

[petersonra]

What if Workers Comp is not in place? What if they have no insurance? What if the License # they gave you is expired?

not sure how any of that matters.

not many places these days that will allow a contractor on site without proof of WC and liability insurance. who cares if their license is expired? just does not matter much. it is mostly between them and the licensing authority. if it worries a facility it is not real hard to check on any of these kind of things before a contractor is hired and on an ongoing basis.

fake insurance certificates are not unheard of so IMO if you bother to ask for them it is a good idea to verify them. I have even heard of fake bonds.