NFPA 70E is considered an industrial consensus standard and is intended for use by employers, employees, and OSHA. OSHA has not ?adopted? NFPA 70E simply because adoption would require the lengthy and expensive process outlined in Section 6(b) of the Act. OSHA has instead referenced compliance to NFPA 70E using Section 5(a)(1) of the Occupational Safety and Health Act of 1970, commonly referred to as the ?general duty clause,? as their basis for implementation. The general duty clause states that employers ?shall furnish to each of its employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees.?
OSHA uses this clause all the time to cite companies for not following the 70E.
Another thing people overlook when asking about 70E being enforced or considered mandatory, most of the requirements found in the 70E are already in OSHA Subpart R and S and have been for 30 years. The only part of 70E that is really "new" (If you consider 13 years new) is a method to calculate the hazard level of an arc flash event and select the proper PPE for the hazard. FR switching coats and arc flash events are nothing new, been around for longer than I have.