Question 1: Does 29 CFR Part 1910 Subpart S apply to the design of industrial machinery, including the requirement under §1910.303(a) that the conductors and equipment required or permitted by Subpart S are acceptable only if approved, as defined in §1910.399?
Response: Yes, §1910.301(a) provides that the design safety standards for electric utilization systems are contained in §1910.302 through §1910.308. And §1910.302(a) states that §1910.302 through §1910.308 "cover electrical installations and utilization equipment installed or used within or on buildings, structures, and other premises." For purposes of Subpart S, "utilization equipment" means "equipment that utilizes electric energy for electronic, electromechanical, chemical, heating, lighting, or similar purposes." 29 CFR 1910.399. And "equipment" is defined to include "material, fittings, devices, appliances, fixtures, apparatus, and the like, used as a part of, or in connection with, an electrical installation." 29 CFR 1910.399. Thus, industrial machinery that uses electric energy is "utilization equipment" covered by Subpart S (including §1910.303(a)).