Actually the owner of the system is shifting blame to the EC, who should know better if they had the required training to be "qualified" per 70E and OSHA. In the case of the OP the EC did either not know better or was ignoring the requirements on purpose. The OP's company has arc flash labels and PPE requirements posted on the breaker and the EC ignored them and was racking the breaker without any PPE.All I see is legal manipulating to shift blame away from the electrical contractor...... who should know better, and take responsibility for his actions.
No, if the panel in your example is not labeled the owner has to provide the info needed for the EC to make the assesment required by either doing an arc flash analysis or apply the tables if they can be used, which would need to be determined by the EC using the info provided by the owner (OCPD info and available fault current)case in point, a 480/277v 600amp service does not have an arc flash label. So the above laws say, the electrician can become a complete moron, and not assume he's opening a dangerous panel, when he should know, any 480v panel has enough energy to do major damage.
"Information about the employer?s installation that the contract employer needs to make the assessments required by Chapter 1"
It sounds like you could really use some training yourself and stop being one of those guys trying to fight the system. Arc flash regulations are not going away, they are in place to protect people from serious injuries, 4-5 people a day are sent to burn centers from arc flash indicents, you ever been in a burn unit? I have, it is hell on earth.