Energized Panel / Work Space requirements

[MLindsay]

I am being ordered by my company to accept a letter of exception to the Work Space requirements in 110.26 from the customer where my particular instance is to install a communications 7' frame in front of a 120/240 volt transfer switch at less than 19 inches front clearance where 42 inches seems to be the requirement (condition 2). Does a customer letter actually release me from obligation or do I have any obligation at all?

 

[WorkSafe]

It won't be legal. No company can type a letter exempting them from a requirement. You're in a sticky spot seeing your own company would be installing crap not to code. Is your license on the line here, or your companies? The customer would be accepting the citation from OSHA if they permitted it installed this way.

 

[Dennis Alwon]

I would not do this even with an inspectors okay but I seriously doubt you can get a variance with that large a discrepancy.

 

[MLindsay]

I am merely an employee. My concern is for the safety of the electrician that might have to work on this panel and for my criminal/civil liability in knowingly violating this space should someone become injured or killed. My company told me it's not my place to police the Code.

 

[WorkSafe]

I am merely an employee. My concern is for the safety of the electrician that might have to work on this panel and for my criminal/civil liability in knowingly violating this space should someone become injured or killed. My company told me it's not my place to police the Code.

Well, if a electrician or any other employee were to get hurt working that disconnect, and that cabinet contributed to the injures, you personally would not be legally responsible for it anyways. The customer would be responsible for accepting the installation as is and for allowing their employees to work on the disconnect while engergized. My opinion.

 

[MLindsay]

I would add that this is in a central office environment and not normally subject to inspections except maybe where a serious injury might have taken place such as an OSHA investigation.

 

[iwire]

I am merely an employee. My concern is for the safety of the electrician that might have to work on this panel and for my criminal/civil liability in knowingly violating this space should someone become injured or killed. My company told me it's not my place to police the Code.

The rules vary but where I am I risk my own license if I violate the code regardless of who told me too.

 

[rbalex]

Other than its only 3? required (voltage to ground is only 120V), your analysis and concern is still correct.

WorkSafe is fundamentally correct. You are very unlikely to have any personal liability. However, both your employer and especially the customer will have a liability no matter what a ?letter of exception? says - even if they would otherwise have a ?utilities? exemption. [90.2(B)(3)] The 120/240V panel is not likely to be "...used exclusively for signaling and communications purposes."

Since Florida is not a ?State Plan? State under current FedOSHA rules your employer is a ?Creating Employer? and possibly an ?Exposing Employer?; your Customer is an ?Exposing? and ?Controlling? Employer as a minimum ? probably a ?Creating? and ?Correcting? employer as well.

The problem is enforcement. FedOSHA rarely enforces other than by exception; i.e., they don?t do anything until someone is hurt or complains.

 

[cowboyjwc]

Here's the rule I use for doing something that someone told me to do. Do I trust them enough to think that they would stand up in court and accept all of the blame if something went wrong.:happyno:

"Your honor I told him to do it like that and that I would fire him if he didn't."

I don't know that I trust my own brother that much.