Electrical Safety Question needing Legal & NEC Requirements

[Jraef]

Am I getting this right, 70E is not an enforceable, only a guideline for safe work practices?

I put it this way.
OSHA does not (and cannot) force anyone to use NFPA 70E or any other standard. But what OSHA CAN do is force you to HAVE a program of safe electrical work practices, and if you happen to use NFPA 70E, they will accept that. If not, they you must be prepared to DEFEND your position, not only to OSHA, who can fine you, jail you and shutter your business, but also to the army of hungry sharks called "lawyers" that will circle you if there is an injury accident.

 

[rbalex]

FedOSHA & MSHA do not apply in every State. Several States have their own OSHAs/State Plans. Theoretically, the State Plan, States are at least as strict as FedOSHA. (BTW Texas is a FedOSHA State).

Relevant to FedOSHA is the General Duty Clause. It essentially says, "Employers shall provide "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..."

The "kicker" is the term recognized hazards. NFPA 70E reveals all sorts of conditions that are "recognized hazards" and any employer that fails to eliminate or mitigate them is guilty of a "bozo nono" and subject to some severe financial penalties. California is a State Plan State. It can (and occasionally does) go beyond financial penalties and onto jailtime depending on the "Class" of the employer.

Jeff is correct, an employer best be able to defend their position if they fail to protect an employee from a danger that could have otherwise been prevented had NFPA 70E been actively observed.