Is the new 09 NFPA 70E in effect ?

[VinceS]

After having received and read the changes to the 70E, I thought I would come proud to the game. My Supervisor informs me its not in affect yet. Ok, I assume the company most likely does not wish to spend the money on the new PPE requirements yet. Then, He states most companies don't follow the 70E requirements because OSHA is the law and its requirements are all which are required to be followed.

I have been to 70E training 3 times. I thought I understood the following to be correct: "OSHA directed the generation of the 70E. The 70E is not the law but the minimum standard to which electrical safety must be practiced." This is supported by the forward in the 09 70E with one execption... It does not say OSHA has accepted the 09 70E.

Do OSHA CFR's contain anything which accept any version of the 70E?

 

[ron]

I believe this link should help
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24617

 

[VinceS]

So, OSHA has not accepted the 70E at all?

So, OSHA has not accepted the 70E at all?

If OSHA does not accept the NFPA 70E in part or in hole what's the point. Is all this ARC Flash/Blast the new hipe to sell PPE?

I know there is and always has been a danger of arc flash/blast. If OSHA doesn't think its a big deal as compared to NFPA 70E a employer will most likely never enforce it. I now understand my Supervisor, unfortunately he was right.

 

[don_resqcapt19]

OSHA, does use 70E under the general duty clause and has issued citations based on 70E.

 

[davidr43229]

Is the new 09 NFPA 70E in effect ?

If OSHA does not accept the NFPA 70E in part or in hole what's the point. Is all this ARC Flash/Blast the new hipe to sell PPE?

I know there is and always has been a danger of arc flash/blast. If OSHA doesn't think its a big deal as compared to NFPA 70E a employer will most likely never enforce it. I now understand my Supervisor, unfortunately he was right.

Vince,
The NFPA70E addresses Shock & Arc Flash, wait 5 years for the Blast
In the 2009, it also requires an
1. Arc Flash Survey to be preformed or level stated (Economic Impact) to the employers.
2. Higher PPE requirments (Economic impact) to the Employers
3. More Tasks (Economic Impact) to the Employers
OSHA is obligated to the CFR's and then NFPA-70E, where the CFR's are blank or vague.
Hope this helps.
Just my $.02

 

[zog]

Vince,
The NFPA70E addresses Shock & Arc Flash, wait 5 years for the Blast
In the 2009, it also requires an
1. Arc Flash Survey to be preformed or level stated (Economic Impact) to the employers.
2. Higher PPE requirments (Economic impact) to the Employers
3. More Tasks (Economic Impact) to the Employers
OSHA is obligated to the CFR's and then NFPA-70E, where the CFR's are blank or vague.
Hope this helps.
Just my $.02

The average cost of a serious survivable arc flash accident is $17.4M (According to an ontario hydro reasearch project), that is an economic impact to an employer.

And yes, the 2009 70E is in effect as soon at it was released, it is recognized as the industry standard for electrical safety in the workplace and is enforcable through the general duty clause. and the old head of the 70E commitee is now the head of OSHA's electrical enforcement (Electrical) division in the N.E. , so what do you think his views will be?

 

[G0049]

OSHA, does use 70E under the general duty clause and has issued citations based on 70E.

OSHA has cited a general duty clause violation, referencing 70E, 31 times since 1988. The bulk of them were issued in 2003, 2004 & 2005. They did it twice in 2006, not at all in 2007, and once so far in 2008. Six of them were issued to farms, which are not covered by most OSHA rules, so they have to use the GD clause. Many of the earlier citations were issued for conditions now covered LOTO regulations.

These numbers came from a data search of the OSHA website, make what you will of them.

 

[iwire]

OSHA General Duty

OSH Act of 1970

SEC. 5. Duties​

(a) Each employer --

(1) shall furnish to each of his employees 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;

(2) shall comply with occupational safety and health standards promulgated under this Act.

 

[zog]

OSHA has cited a general duty clause violation, referencing 70E, 31 times since 1988. The bulk of them were issued in 2003, 2004 & 2005. They did it twice in 2006, not at all in 2007, and once so far in 2008. Six of them were issued to farms, which are not covered by most OSHA rules, so they have to use the GD clause. Many of the earlier citations were issued for conditions now covered LOTO regulations.

These numbers came from a data search of the OSHA website, make what you will of them.

Go here http://www.thehilgemangroup.com/arc.asp

Scroll all the way to the bottom and watch the David Wallis video. David is with OSHA and talks about the enforcement of 70E.

 

[VinceS]

Regarding "OSHA has cited a general duty clause violation, referencing 70E, 31 times since 1988." Don't most OSHA General Duty Cause Violations occur after the incident has happened?

 

[Fulthrotl]

Go here http://www.thehilgemangroup.com/arc.asp

Scroll all the way to the bottom and watch the David Wallis video. David is with OSHA and talks about the enforcement of 70E.

i'm part way thru a code class for my 32 hours of inservice training
necessary to maintain my journeyman's license in calif, and last week
the subject of arc flash and proper ppe came up, and one of the
topics was the fine morrow-meadows got after a bad arc fault resulted
in a death.

the fine, not any criminal or civil action, just the administrative fine
from osha was $1.6 million.

morrow meadows now has a ppe arc flash safety program second to none.


randy

 

[G0049]

Regarding "OSHA has cited a general duty clause violation, referencing 70E, 31 times since 1988." Don't most OSHA General Duty Cause Violations occur after the incident has happened?

You are correct. In reading the violation language for most of these, they are related to an accident.