Proposed Rule: Construction and Occupational Safety and Health Standards: Electric Power Generation, Transmission, and Distribution Standard and Electrical Protective Equipment Standard Update

Wednesday,
June 15, 2005
Part II
Department of Labor
Occupational Safety and Health
Administration
29 CFR Parts 1910 and 1926

Electric Power Generation, Transmission,
and Distribution; Electrical Protective
Equipment; Proposed Rule
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34822 Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Proposed Rules
DEPARTMENT OF LABOR these consensus standards and with the Hearing testimony and documentary
corresponding standard for general evidence. Parties who request more than
Occupational Safety and Health industry. Additionally, OSHA is 10 minutes for their presentations at the
Administration proposing new requirements for the safe informal public hearing and parties who
use and care of electrical protective will submit documentary evidence at
29 CFR Parts 1910 and 1926 equipment to complement the the hearing must submit the full text of
[Docket No. S–215]
equipment design provisions. their testimony and all documentary
In addition, OSHA is proposing evidence postmarked no later than
RIN 1218–AB67 changes to the two corresponding November 3, 2005.
general industry standards. These ADDRESSES: You may submit written
Electric Power Generation, changes address: Class 00 rubber comments, notices of intention to
Transmission, and Distribution; insulating gloves, electrical protective appear, hearing testimony, and
Electrical Protective Equipment equipment made from materials other documentary evidence—identified by
than rubber, training for electric power docket number (S–215) or RIN number
AGENCY: Occupational Safety and Health
generation, transmission, and (1218–AB67)—by any of the following
Administration (OSHA), Labor.
distribution workers, host-contractor methods:
ACTION: Proposed rule. responsibilities, job briefings, fall • Federal eRulemaking Portal: http://
SUMMARY: OSHA is proposing to update
protection (including a requirement that www.regulations.gov. Follow the
employees in aerial lifts use harnesses), instructions for submitting comments.
the existing standard for the
construction of electric power
insulation and working position of • OSHA Web site: http://
employees working on or near live dockets.osha.gov/. Follow the
transmission and distribution
parts, protective clothing, minimum instructions for submitting comments
installations and make it consistent with
approach distances, deenergizing on OSHA’s Web page.
the more recently promulgated general
transmission and distribution lines and • Fax: If your written comments are
industry standard addressing the
equipment, protective grounding, 10 pages or fewer, you may fax them to
maintenance and repair of electric
operating mechanical equipment near the OSHA Docket Office at (202) 693–
power generation, transmission, and
overhead power lines, and working in 1648.
distribution lines and equipment. The • Regular mail, express delivery,
manholes and vaults. These changes
proposal also makes some would ensure that employers, where hand delivery and courier service:
miscellaneous changes to both appropriate, face consistent Submit three copies to the OSHA
standards, including adding provisions requirements for work performed under Docket Office, Docket No. S–215, U.S.
related to host employers and the construction and general industry Department of Labor, 200 Constitution
contractors, flame resistant clothing, standards and would further protect Avenue, NW., Room N2625,
and training, and updates the employees performing electrical work Washington, DC 20210; telephone (202)
construction standard for electrical covered under the general industry 693–2350. (OSHA’s TTY number is
protective equipment, makes it standards. The proposal would also (877) 889–5627.) OSHA Docket Office
consistent with the corresponding update references to consensus hours of operation are 8:15 a.m. to 4:45
general industry standard, and makes it standards in §§ 1910.137 and 1910.269 p.m., E.S.T.
applicable to construction generally. and would add new appendices to help Instructions: All submissions received
The existing rules for this type of employers comply with provisions on must include the agency name and
work were issued in 1971. They are out protective clothing and the inspection of docket number or Regulatory
of date and are not consistent with the work positioning equipment. Information Number (RIN) for this
more recent, corresponding rules for the OSHA is also proposing to revise the rulemaking. All comments received will
operation and maintenance of electric general industry standard for foot be posted without change to http://
power transmission and distribution protection. This standard has dockets.osha.gov/, including any
systems. The revised standard would substantial application to employers personal information provided. For
include requirements relating to performing work on electric power detailed instructions on submitting
enclosed spaces, working near energized transmission and distribution comments and additional information
parts, grounding for employee installations, but that applies to on the rulemaking process, see the
protection, work on underground and employers in other industries as well. ‘‘Public Participation’’ heading of the
overhead installations, work in The proposal would remove the SUPPLEMENTARY INFORMATION section of
substations, and other special requirement for employees to wear this document.
conditions and equipment unique to the protective footwear as protection against Docket: For access to the docket to
transmission and distribution of electric electric shock. read comments and background
energy. DATES: Informal public hearing. OSHA documents that can be posted go to
OSHA is also proposing a new will hold an informal public hearing in http://dockets.osha.gov/. Written
standard on electrical protective Washington, DC, beginning December 6, comments received, notices of intention
equipment for the construction 2005. The hearing will commence at 10 to appear, and all other material related
industry. The current standards for the a.m. on the first day, and at 9 a.m. on to the development of this proposed
design of electrical protective the second and subsequent days, which standard will be available for inspection
equipment, which apply only to electric will be scheduled, if necessary. and copying in the public record in the
power transmission and distribution Comments. Comments must be Docket Office, Room N2439, at the
work, adopt several national consensus submitted (postmarked or sent) by address listed previously.
standards by reference. The new October 13, 2005. Hearing. The hearing will be held in
standard would replace the Notices of intention to appear. Parties the auditorium of the U.S. Department
incorporation of these out-of-date who intend to present testimony at the of Labor, 200 Constitution Avenue,
consensus standards with a set of informal public hearing must notify NW., Washington, DC.
performance-oriented requirements that OSHA in writing of their intention to do FOR FURTHER INFORMATION CONTACT:
is consistent with the latest revisions of so no later than August 15, 2005. General information and press inquiries:
Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Proposed Rules 34823
Mr. Kevin Ropp, Director, Office of IEEE Institute of Electrical and many preventable injuries and fatalities
Communications, Room N3647, OSHA, Electronic Engineers would continue to occur even if full
U.S. Department of Labor, 200 IMIS OSHA’s Integrated Management compliance with the existing standards
Constitution Avenue, NW., Washington, Information System were achieved. Without counting
DC 20210; telephone (202) 693–1999. IRFA Initial Regulatory Flexibility incidents that would potentially have
Technical information: Mr. David Analysis been prevented with compliance with
Wallis, Director, Office of Engineering NAICS North American Industry existing standards, an estimated
Safety, Room N3609, OSHA, U.S. Classification System additional 116 injuries and 19 fatalities
Department of Labor, 200 Constitution NEPA National Environmental Policy would be prevented through full
Avenue, NW., Washington, DC 20210; Act of 1969 compliance with the proposed
telephone (202) 693–2277 or fax (202) NESC National Electrical Safety Code standards.
693–1663. NFPA National Fire Protection Additional benefits associated with
Hearings: Ms. Veneta Chatmon, Association this rulemaking involve providing
OSHA Office of Communications, NIOSH National Institute for updated, clear, and consistent safety
Occupational Safety and Health Occupational Safety and Health standards regarding electric power
Administration, Room N3647; 200 OIRA Office of Information and generation, transmission, and
Constitution Avenue, NW., Washington, Regulatory Affairs distribution work. The existing standard
DC 20210, telephone: (202) 693–1999. OMB Office of Management and for the construction of electric power
For additional copies of this Federal Budget transmission and distribution lines and
Register notice, contact OSHA, Office of OSH Act (or simply ‘‘the Act’’) equipment is contained in Subpart V of
Publications, U.S. Department of Labor, Occupational Safety and Health Act of OSHA’s construction standards (29 CFR
Room N3101, 200 Constitution Avenue, 1970 part 1926). This standard was
NW., Washington, DC, 20210; telephone OSHA Occupational Safety and Health promulgated on November 23, 1972,
(202) 693–1888. Electronic copies of this Administration over 30 years ago (37 FR 24880). Some
Federal Register notice, as well as news OSHRC Occupational Safety and of the technology involved in electric
releases and other relevant documents, Health Review Commission power transmission and distribution
are available at OSHA’s Web page on PRIA Preliminary Regulatory Impact work has changed since then, and the
the Internet at http://www.osha.gov. Analysis current standard does not reflect those
SUPPLEMENTARY INFORMATION: RIN Regulatory information number changes. For example, the method of
SBA Small Business Administration determining minimum approach
Table of Contents SBAR Small Business Advocacy distances has become more exact since
I. Background Review Panel 1972, and the minimum approach
II. Development of Proposal SBREFA Small Business Regulatory distances given in existing
III. Legal Authority Enforcement Fairness Act § 1926.950(c)(1) are not based on the
IV. Summary and Explanation of Proposed SER small entity representative latest methodology. The minimum
Rule SIC Standard Industrial Classification
V. Preliminary Regulatory Impact Analysis approach distances in this proposal are
and Initial Regulatory Flexibility
WCRI Worker Compensation Research more protective as well as more
Analysis Institute technologically sound. Additionally,
VI. State Plan Standards B. Need for Rule parts of Subpart V need clarification.
VII. Environmental Impact Analysis For example, in existing Subpart V,
VIII. Unfunded Mandates Employees maintaining or there are three different requirements
IX. Federalism constructing electric power relating to the use of mechanical
X. OMB Review under the Paperwork transmission or distribution equipment near overhead lines:
Reduction Act of 1995 installations are not adequately §§ 1926.952(c)(2) 1 and 1926.955(a)(5) 2
XI. Public Participation’Comments and protected by current OSHA standards,
Hearings
and (a)(6).3 These provisions apply
though these employees face far greater
XII. List of Subjects in 29 CFR Parts 1910 and
electrical hazards than those faced by 1 This requirement reads as follows:
1926
XIII. Authority and Signature other workers. The voltages involved are (2) With the exception of equipment certified for
generally much higher than voltages work on the proper voltage, mechanical equipment
I. Background shall not be operator closer to any energized line
encountered in other types of work, and or equipment than the clearances set forth in
A. Acronyms a large part of electric power § 1926.950(c) unless:
transmission and distribution work (i) An insulated barrier is installed between the
The following acronyms have been exposes employees to energized parts of energized part and the mechanical equipment, or
used throughout this document: the power system. (ii) The mechanical equipment is grounded, or
AED Automated external defibrillator Employees performing work involving (iii) The mechanical equipment is insulated, or
ALJ Administrative law judge electric power generation, transmission, (iv) The mechanical equipment is considered as
ANSI American National Standards energized.
and distribution are exposed to a variety 2 This requirement reads as follows:
Institute of significant hazards, such as fall,
ASTM American Society for Testing (5)(i) When setting, moving, or removing poles
electric shock, and burn hazards, that using cranes, derricks, gin poles, A-frames, or other
and Materials can and do cause serious injury and mechanized equipment near energized lines or
BLS Bureau of Labor Statistics equipment, precautions shall be taken to avoid
CFOI Census of Fatal Occupational death. As detailed below, OSHA
contact with energized lines or equipment, except
Injuries estimates that, on average, 444 serious in bare-hand live-line work, or where barriers or
CPR Cardiopulmonary resuscitation injuries and 74 fatalities occur annually protective devices are used.
EEI Edison Electric Institute among these workers. (ii) Equipment and machinery operating adjacent
Although some of these incidents may to energized lines or equipment shall comply with
EPRI Electric Power Research Institute § 1926.952(c)(2).
FRA Flame-resistant apparel have been prevented with better 3 This requirement reads as follows:
FTE Full-Time Equivalent [Employee] compliance with existing safety (6)(i) Unless using suitable protective equipment
IBEW International Brotherhood of standards, research and analyses for the voltage involved, employees standing on the
Electrical Workers conducted by OSHA have found that Continued
different requirements to these standards create difficulties for methodological approach used for
operations depending on whether or not employers attempting to develop analyzing these data is included in the
the mechanical equipment involved is appropriate work practices for their final report submitted to OSHA from
lifting equipment and on whether or not employees. For this reason, employers CONSAD. CONSAD’s analysis found
work is being performed on overhead and employees have told OSHA that it that an average of 74 fatalities and 25
lines. Two different United States should make the two standards injuries involving circumstances
Courts of Appeals found these identical. This proposal does so. directly addressed by the existing or
regulations to be confusing even though proposed standards are recorded
C. Accident Data
they accepted OSHA’s interpretation annually in the relevant databases.
regarding their application (Wisconsin OSHA has looked to several sources These accidents include cases involving
Electric Power Co. v. OSHRC, 567 F.2d for information on accidents in the electric shock, burns from electric arcs,
735 (7th Cir. 1977); Pennsylvania Power electric utility industry in preparing this and falls, which are the predominant
& Light Co. v. OSHRC, 737 F.2d 350 (3d proposed rule. Besides OSHA’s own types of accidents occurring in electric
Cir. 1984)). In fact, the majority in the accident investigation files, statistics on power generation, transmission, and
Wisconsin Electric decision noted that injuries are compiled by the Edison distribution work.
‘‘[r]evision of the regulations by any Electric Institute (EEI) and by the
International Brotherhood of Electrical D. Significant Risk
competent draftsman would greatly
improve their clarity’’ (Wisconsin Workers (IBEW). Additionally, the OSHA must show that the hazards the
Electric, 567 F.2d at 738). Bureau of Labor Statistics (BLS) Agency addresses in a safety regulation
Even the newer general industry publishes such accident data as present significant risks to employees.
standards on the operation and incidence rates for total cases, lost OSHA has generally considered an
maintenance of electric power workday cases, and lost workdays. The excess risk of 1 death per 1000
generation, transmission, and National Institute for Occupational employees over a 45-year working
distribution installations (29 CFR Safety and Health (NIOSH) publishes lifetime as clearly representing a
1910.269) and electrical protective accident data as part of its Fatality significant risk. Industrial Union Dept.
equipment (29 CFR 1910.137) are not Assessment and Control Evaluation v. American Petroleum Institute
completely consistent with the latest Program. (Benzene), 448 U.S. 607, 655 (1980);
advances in technology represented by Analyses of accident data for electric International Union v. Pendergrass
updated consensus standards covering power transmission and distribution (Formaldehyde), 878 F.2d 389, 392–93
this type of work and equipment. workers can be found in the following (D.C. Cir. 1989); Building and
OSHA has different standards documents, which (like all exhibits) are Construction Trades Dept., AFL–CIO v.
covering construction work on electric available for inspection and copying in Brock (Asbestos), 838 F.2d 1258, 1264–
power transmission and distribution Docket S–215 in the Docket Office: 65 (D.C. Cir. 1988). As part of the
systems and general industry work on (1) ‘‘Preparation of an Economic regulatory analyses for this standard,
the same systems. In most instances, the Impact Study for the Proposed OSHA OSHA has determined the population at
work practices used by employees to Regulation Covering Electric Power risk, the occupations presenting major
perform construction or general Generation, Transmission, and risks, and the incidence and severity of
industry work on these systems are the Distribution,’’ June 1986, Eastern injuries attributable to the failure to
same. The application of OSHA’s Research Group, Section 4. follow the rules established in the
construction or general industry (2) ‘‘Assessment of the Benefits of the proposed standard. In keeping with the
standards to a particular job depends Proposed Standard on Electric Power purpose of safety standards to prevent
upon whether the employer is altering Generation, Transmission, and accidental injury and death, OSHA has
the system (construction work) or Distribution Coding Results and estimated the number of accidents that
maintaining the system (general Analysis,’’ October 5, 1990, Eastern would be prevented by the new rule.
industry work). For example, employers Research Group. Electricity has long been recognized
changing a cutout (disconnect switch) (3) ‘‘Analytical Support and Data as a serious workplace hazard exposing
on a transmission and distribution Gathering for a Preliminary Economic employees to dangers such as electric
system would be performing Analysis for Proposed Standards for shock, electrocution, electric arcs, fires,
construction work if they were Work on Electric Power Generation, and explosions. The other hazards this
upgrading the cutout, but general Transmission, and Distribution Lines rule addresses, namely, falls and being
industry work if they were simply and Equipment (29 CFR 1910.269 and struck by, struck against, or caught
replacing the cutout with the same 29 CFR 1926—Subpart V),’’ 2005, between objects, are also widely
model. CONSAD Research Corp., Chapter 4. recognized. The 227,683 employees
Since the work practices used by the To develop estimates of the potential performing work covered by the
employees would most likely be benefits associated with this proposal, proposed standards experience an
identical, the applicable OSHA CONSAD Corp., under contract to average of 444 injuries and 74 fatalities
standards should be identical. OSHA’s OSHA, researched and reviewed each year.4 Over a 45-year working
existing requirements are not, however. potential sources of useful data. lifetime, more than 14 of every 1000 of
Conceivably, for work involving two or CONSAD, in consultation with the these employees 5 will die from hazards
more cutouts, different and conflicting Agency, determined that the most
4 For a detailed explanation of the number of
OSHA standards might apply. The reliable data sources for this purpose
employees covered by the proposal and the number
inconsistencies between the two included OSHA’s Integrated of injuries and fatalities experienced by these
Management Information System, and workers, see Section V, Preliminary Regulatory
ground shall avoid contacting equipment or the Census of Fatal Occupational Impact Analysis and Initial Regulatory Flexibility
machinery working adjacent to energized lines or Injuries developed by the BLS. Analysis, later in this preamble.
equipment. From these sources, CONSAD 5 The number of fatalities expected to occur in 45
(ii) Lifting equipment shall be bonded to an years is 74 fatalities × 45, or 3330. Thus, 14.6
effective ground or it shall be considered energized
identified and analyzed injuries and employees in 1000 covered by the proposal ((3330
and barricaded when utilized near energized fatalities that would be addressed by fatalities/227,683 employees) × 1000) will die from
equipment or lines. this proposal. A description of the job-related hazards.
posed by their work. As detailed in generic lockout and tagging standard. these standards have been adopted by
Section V, Preliminary Regulatory Although this standard does not apply ANSI. Among these IEEE standards are:
Impact Analysis and Initial Regulatory to electric power generation, IEEE Std. 516, IEEE Guide for
Flexibility Analysis, later in this transmission, or distribution Maintenance Methods on Energized
preamble, the Agency estimates that the installations, it formed the basis of Power-Lines, and IEEE Std. 1048, IEEE
proposed rule will prevent 116 injuries § 1910.269(d), which does apply to the Guide for Protective Grounding of
and 19 deaths each year. Accordingly, lockout and tagging of these Power Lines.
OSHA has preliminarily determined installations. Subpart S of the General A list of consensus standards relating
that hazards faced by employees Industry Standards and Subpart K of the to electric power generation,
performing construction or maintenance construction standards set requirements transmission, and distribution work can
work on electric power generation, for unqualified 6 workers who are be found in existing Appendix E to
transmission, and distribution working near electric power generation, § 1910.269. OSHA considered the latest
installations pose a significant risk of transmission, and distribution lines and editions of all the standards listed in
injury or death to those employees, and equipment. this section of the preamble or the
that this proposed rule would Appendix in the development of the
B. Relevant consensus standards proposal.
substantially reduce that risk and would
be reasonably necessary to provide The National Electrical Safety Code C. Advisory Committee on Construction
protection from these hazards. (American National Standards Institute Safety and Health
Standard ANSI C2, also known as the
II. Development of Proposal NESC) was also taken into consideration Section 107 of the Contract Work
A. Present OSHA Standards in the development this proposal. This Hours and Safety Standards Act and the
national consensus standard contains Agency’s own rulemaking regulations in
OSHA adopted standards applying to 29 CFR Part 1911 require OSHA to
requirements specifically addressing
the construction of power transmission consult with the Advisory Committee
electric power generation, transmission,
and distribution lines and equipment in on Construction Safety and Health
and distribution work. The latest
1972 (Subpart V of Part 1926). OSHA (ACCSH or the Committee) in setting
version of ANSI C2 7 is much more up-
defines the term ‘‘construction work’’ in standards for construction work.
to-date than Subpart V. However, ANSI
§ 1910.12 as ‘‘work for construction, Specifically, § 1911.10(a) requires the
C2 is primarily directed to the
alteration, and/or repair, including Assistant Secretary to (1) provide
prevention of electric shock, although it
painting and decorating.’’ The term ACCSH with the draft proposed rule
does contain a few requirements for the
‘‘construction’’ is broadly defined in along with pertinent factual
prevention of falls.
§ 1910.12(d) and § 1926.950(a)(1) to information, (2) and to prescribe a
The American Society for Testing and
include alteration, conversion, and period within which the Committee
Materials (ASTM) has adopted
improvement of electric power must submit its recommendations on
standards related to electric power
transmission lines and equipment, as the proposal.
generation, transmission, and
well as the original installation of the OSHA has a 10-year history of
distribution work. ASTM Committee
lines and equipment. However, Subpart consulting with ACCSH on the
F18 on Electrical Protective Equipment
V does not apply to the operation or proposed construction standards for
for Workers has developed standards on
maintenance of transmission or electrical protective equipment and
rubber insulating equipment, climbing
distribution installations. electric transmission and distribution
equipment, protective grounding
On January 31, 1994, OSHA adopted work. The Agency has provided several
equipment, fiberglass rod and tube used
rules for the operation and maintenance drafts of the proposed construction rules
in live-line tools, and clothing for
of electric power generation, and updates on the status of the
workers exposed to electric arcs.
transmission, and distribution lines and proposal.
The National Fire Protection
equipment, § 1910.269. This standard On May 25, 1995, OSHA first took a
Association (NFPA) has adopted a
was intended as a companion standard draft of the proposed construction
standard on electrical safety for
to Subpart V of the construction standards to ACCSH, providing the
employees, NFPA 70E–2004, Electrical
standards to address areas where Committee with a draft of the proposal
Safety Requirements for Employee
Subpart V did not apply. The new and with a statement on the need for
Workplaces. Although it does not apply
standard was also based on the latest and background behind the proposal.
to electric power generation,
technology and national consensus The Committee formed a workgroup to
transmission, or distribution
standards. review the document and report back to
installations, this standard contains
OSHA revised its electrical protective ACCSH. The workgroup provided
requirements for unqualified employees
equipment standard in § 1910.137 at the comments to OSHA. Although the
working near such installations.
same time § 1910.269 was issued. The Agency gave a status report on the
The Institute of Electrical and
revision of § 1910.137 eliminated the proposal to the Committee on August 8,
Electronic Engineers (IEEE) is also
incorporation by reference of national 1995, ACCSH did not make any formal
responsible for writing standards for
consensus standards relating to rubber recommendations to OSHA at that time.
insulating equipment and replaced it The Agency provided a later draft of
and distribution installations and for
with performance-oriented rules for the the proposal to ACCSH on December 10,
work on those installations. Many of
design, manufacture, and safe care and 1999. This time, the Committee made no
use of electrical protective equipment. 6 In this preamble, ‘‘unqualified worker’’ (or
comments. On February 13, 2003,
Other OSHA standards also relate to ‘‘unqualified employee’’) means an employee who OSHA gave ACCSH a status report on
electric power generation, transmission, does not have the requisite training to work on or the proposal and summarized the major
and distribution work. The permit- near electric power generation, transmission, or revisions in the draft.
required confined space standard in distribution installations. For more information, see On May 22, 2003, OSHA provided the
the discussion of proposed § 1926.950(b) in Section
§ 1910.146 applies to entry into certain IV, Summary and Explanation of Proposed Rule, Committee with the same copy of the
confined spaces found in this type of later in this preamble. draft proposal that had been provided to
work. Section 1910.147 is OSHA’s 7 ANSI/IEEE C2–2002. the small entity representatives who
were participating in the Small Business • In the event the standard is differences between the proposed rule
Regulatory Enforcement and Fairness preceded by a consensus standard, it is and existing standards. References in
Act (SBREFA) proceedings, which were better able to effectuate the purposes of parentheses are to exhibits in the
being conducted at that time. OSHA the OSH Act than the standard it rulemaking record. References prefixed
also explained the major issues being supersedes. by ‘‘269’’ are to exhibits and transcripts
raised by the small entity International Union, UAW v. OSHA in the rulemaking record from OSHA’s
representatives on the draft proposal. (LOTO II), 37 F.3d 665, 668 (D.C. Cir. earlier rulemaking on § 1910.137 and
On May 18, 2004, ACCSH gave formal 1994). § 1910.269. These documents are
recommendations on OSHA’s proposal. OSHA has generally considered an available for inspection and copying in
OSHA sought ACCSH’s excess risk of 1 death per 1000 the Docket Office under Docket S–015.
recommendations on the proposal employees over a 45-year working (The transcripts are listed in the docket
generally, as well as on issues lifetime as clearly representing a as ‘‘exhibits’’ 100–X through 208–X.)
specifically related to host employer- significant risk (see Industrial Union
OSHA is proposing a new
contractor communications and flame- Dept. v. American Petroleum Institute
construction standard on electrical
resistant clothing. ACCSH voted (Benzene), 448 U.S. 607, 655 (1980);
International Union v. Pendergrass protective equipment, 29 CFR 1926.97,
unanimously that: (1) The construction and a revision of the standard on the
standards for electric power (Formaldehyde), 878 F.2d 389, 392–93
(D.C. Cir. 1989); Building and construction of electric power
transmission and distribution work transmission and distribution lines and
should be the same as the general Construction Trades Dept., AFL-CIO v.
Brock (Asbestos), 838 F.2d 1258, 1264– equipment, 29 CFR Part 1926, Subpart
industry standards for the same type of V. The Agency is also proposing
work; (2) requiring some safety-related 65 (D.C. Cir. 1988)).
A standard is considered changes to the general industry
communications between host counterparts to these two construction
technologically feasible if the protective
employers and contractors was standards, 29 CFR 1910.137 and
measures it requires already exist, can
necessary; and (3) employees need to be 1910.269, respectively. The proposed
be brought into existence with available
protected from hazards posed by electric construction standards may contain
technology, or can be created with
arcs through the use of flame-resistant some nonsubstantive differences from
technology that can reasonably be
clothing. ACCSH also recommended their existing counterpart general
expected to be developed (see American
unanimously that OSHA issue its industry requirements that are not
Iron and Steel Institute v. OSHA (Lead
proposal, consistent with these specific separately included in the proposed
II), 939 F.2d 975, 980 (D.C. Cir. 1991)).
votes. A standard is economically feasible revision of the general industry
III. Legal Authority when industry can absorb or pass on the standards. However, the Agency intends
costs of compliance without threatening for the corresponding construction and
The purpose of the Occupational general industry requirements to be the
the industry’s long-term profitability or
Safety and Health Act of 1970 (OSH Act same in the final rule except to the
competitive structure (see American
or the Act), 29 U.S.C. 651 et seq., is ‘‘to extent that separate requirements are
Textile Mfrs. Institute v. OSHA (Cotton
assure so far as possible every working supported by the rulemaking record. For
Dust), 452 U.S. 490, 530 n. 55 (1981);
man and woman in the Nation safe and example, the definition of ‘‘designated
Lead II, 939 F.2d at 980). A standard is
healthful working conditions and to employee’’ in existing § 1910.269(x)
cost effective if the protective measures
preserve our human resources.’’ 29 reads as follows:
it requires are the least costly of the
U.S.C. 651(b). To achieve this goal,
available alternatives that achieve the An employee (or person) who is designated
Congress authorized the Secretary of
same level of protection (see LOTO II, by the employer to perform specific duties
Labor to promulgate and enforce under the terms of this section and who is
37 F.3d at 668).
occupational safety and health All OSHA standards must be highly knowledgeable in the construction and
standards. 29 U.S.C. 655(b) and 658. protective (LOTO II, 37 F.3d at 669) and, operation of the equipment and the hazards
A safety or health standard ‘‘requires where practical, ‘‘expressed in terms of involved.
conditions, or the adoption or use of one objective criteria and of the performance
or more practices, means, methods, OSHA is proposing a slightly revised
desired.’’ 29 U.S.C. 655(b)(5). Finally, version of this definition in § 1926.968,
operations, or processes, reasonably the OSH Act requires that when
necessary or appropriate to provide safe as follows:
promulgating a rule that differs
or healthful employment and places of substantially from a national consensus An employee (or person) who is assigned
employment.’’ 29 U.S.C. 652(8). A by the employer to perform specific duties
standard, OSHA must explain why the under the terms of this section and who has
standard is reasonably necessary or promulgated rule is a better method for
appropriate within the meaning of sufficient knowledge of the construction and
effectuating the purpose of the Act. 29 operation of the equipment and the hazards
Section 652(8) if: U.S.C. 655(b)(8). As discussed involved to perform his or her duties safely.
• A significant risk of material harm elsewhere in this preamble, OSHA is
exists in the workplace and the using several consensus standards as the The Agency does not believe that the
proposed standard would substantially basis for its proposed rule. The proposed definition for Subpart V is
reduce or eliminate that workplace risk; deviations from these consensus substantially different from the existing
• It is technologically and standards are explained in Section IV, definition in § 1910.269(x). Therefore,
economically feasible; Summary and Explanation of Proposed OSHA is not specifically including the
• It employs the most cost effective Rule, later in this preamble. proposed change to the definition of
protective measures; ‘‘designated employee’’ in the proposed
• It is consistent with prior Agency IV. Summary and Explanation of changes to § 1910.269. The language in
action or supported by a reasoned Proposed Rule the final standards (that is,
justification for departing from prior This section discusses the important §§ 1910.269(x) and 1926.968) will be the
Agency action; elements of the proposed standard, same, however, unless the record
• It is supported by substantial explains the purpose of the individual warrants a separate definition for
evidence; and requirements, and explains any construction work.
In addition, the proposal references detailed specifications for the standards several times since they were
national consensus standards in notes manufacture, testing, and design of adopted in the former OSHA regulation.
following various requirements. These electrical protective equipment. Because of the continual process by
references are intended to provide Additionally, these standards are which ASTM periodically revises its
employers and employees with revised frequently, making existing standards, any specific editions that
additional useful sources of information § 1926.951(a)(1) over a quarter century OSHA might adopt would likely be
that can assist them in complying with out of date. For example, the most outdated within a few years.
the standards. OSHA intends to review recent ANSI standard listed in the Additionally, since the rulemaking
the latest editions of these consensus former OSHA requirement is dated process is lengthy, a complete revision
standards and reference those editions 1971. The most recent ASTM version of OSHA’s electrical protective
when promulgating the final rule available is a 2002 edition of equipment requirements every three
provided they still provide suitable specifications on rubber insulating years or so to keep pace with the
guidance. gloves. The complete list of current changes in the consensus standards is
ASTM standards corresponding to the not practical. (In fact, some of the ASTM
A. Electrical Protective Equipment, ANSI standards is as follows: standards will likely be revised again
Section 1926.97 ASTM D120–02a, Specification for during the rulemaking period.) To
Electrical protective equipment is in Rubber Insulating Gloves. remedy this problem, OSHA is
constant use during electric power ASTM D178–01e1, Specification for proposing new § 1926.97 to make the
transmission and distribution work; Rubber Insulating Matting. standards flexible enough to
and, appropriately, existing Subpart V ASTM D1048–99, Specification for accommodate changes in technology,
contains provisions related to this Rubber Insulating Blankets. obviating the need for constant revision.
equipment. The existing OSHA ASTM D1049–98e1 (Reapproved Where possible, the proposed standard
standards for electrical protective 2002), Specification for Rubber has been written in performance terms
equipment in construction work are Insulating Covers. in order to allow alternative methods of
contained in § 1926.951(a)(1), which ASTM D1050–90 (Reapproved 1999),
compliance if they provide comparable
only applies during construction of Specification for Rubber Insulating Line
safety to the employee.
electric power transmission and Hose.
ASTM D1051–02, Specification for Another difficulty with incorporation
distribution lines and equipment. of the ASTM standards by reference is
Electrical protective equipment, Rubber Insulating Sleeves.
Additionally, ASTM has adopted that they contain details that go beyond
however, is used throughout the the purposes of the OSHA standard or
construction industry. OSHA therefore standards on the in-service care of
insulating line hose and covers (ASTM that are not directly related to employee
believes that updated personal safety. In proposed § 1926.97, OSHA has
protective equipment provisions should F478–92 (Reapproved 1999)), insulating
blankets (ASTM F479–95 (Reapproved tried to carry forward only provisions
apply throughout the construction that are relevant to employee safety in
industry, wherever such equipment is 2001)), and insulating gloves and
sleeves (ASTM F496–02a), which have the workplace. Furthermore, OSHA has
necessary for employee safety, and that attempted to simplify those provisions
electrical protective equipment no current counterparts in existing
§ 1926.951(a)(1). to make the requirements easier for
provisions should not be limited to the employers and employees to use and
In an attempt to retain the quality of
use of this equipment in electric power understand. Because the revision places
protection afforded by the ASTM
transmission and distribution work. all relevant requirements in the text of
standards, OSHA has developed
Therefore, OSHA is proposing new the regulations, employers would no
proposed new § 1926.97 which has been
§ 1926.97, Electrical protective longer have to refer to the ASTM
derived from the ASTM documents but
equipment, to replace § 1926.951(a)(1), documents to determine their
which has been written in performance
which incorporates by reference the obligations under OSHA.
terms. OSHA recognizes the importance
following six American National In striving for this degree of
of the ASTM standards in defining basic
Standards Institute (ANSI) standards: simplification, the Agency has tried to
requirements for the safe design and
manufacture of electrical protective use an approach that will accept new
ANSI methods of protection that may appear
Item equipment for employees. Proposed
Standard
§ 1926.97 would increase the protection in future editions of the ASTM
Rubber insulating gloves ............ J6.6–1971 presently afforded to power standards. OSHA recognizes that such
Rubber matting for use around J6.7–1935 transmission and distribution future editions of these standards might
electric apparatus. (R1971) employees by the outdated ANSI/ASTM contain technological advances
Rubber insulating blankets ......... J6.4–1971 providing significant improvement in
Rubber insulating hoods ............. J6.2–1950
standards incorporated by reference in
the existing standard. The proposal employee safety, which might not be
(R1971) permitted under proposed § 1926.97.
Rubber insulating line hose ........ J6.1–1950 carries forward ASTM provisions that
(R1971) are performance oriented and necessary However, due to the performance-
Rubber insulating sleeves .......... J6.5–1971 for employee safety, but does not oriented nature of the OSHA standard as
contain many of the detailed compared to the ASTM standards,
These ANSI standards were originally specifications in those consensus conflicts between the two standards in
developed and adopted as American standards. The proposal will thus areas affecting employee safety are
Society for Testing and Materials provide greater flexibility for expected to be infrequent.
(ASTM) standards. (In fact, the latest compliance with these provisions to the Furthermore, an employer who
revisions of these standards use the extent that worker safety warrants. follows future versions of ASTM
ASTM designations, rather than using There are several reasons why standards would likely be covered by
separate designations for both adopting the ASTM standards in toto OSHA’s de minimis policy as set forth
standards-writing organizations.) As is would be inappropriate in this in OSHA Instruction CPL 02–00–103
typical of national consensus standards, rulemaking. First, ASTM has revised (Field Inspection Reference Manual).
the ASTM standards are filled with each of the currently referenced Under that policy, a de minimis
condition 8 exists: (1) Where an ensure that no marking interferes with to the ASTM standards for guidance in
employer’s workplace has been updated the protection to be provided by the determining the testing procedure.
in accordance with new technology or equipment. Proposed paragraph (a)(2)(i)(B) would
equipment as a result of revisions to the Paragraph (a)(1)(iv) would require require the proof-test voltage to be
latest consensus publications from markings on gloves to be provided only applied for 1 minute for insulating
which OSHA standards were derived, in the cuff area. Markings in other areas matting and for 3 minutes for other
(2) where the updated versions result in could possibly wear off. Moreover, insulating equipment. These times are
a ‘‘state of the art’’ workplace, having the markings in one place will based on the proof-test times given in
technically advanced beyond the allow the employee to determine the the ASTM design standards and are
requirements of the applicable OSHA class and type of glove quickly. appropriate for testing the design
standard, and (3) where equal or greater Furthermore, OSHA would require in capabilities of electrical protective
safety and health protection is provided. paragraph (c)(2)(vii) that rubber gloves equipment.
Paragraph (a). Paragraph (a) of normally be worn under protector Proposed paragraph (a)(2)(i)(C) would
§ 1926.97 addresses the design and gloves. Because a protector glove is require rubber insulating gloves to be
manufacture of insulating blankets, almost always shorter than the capable of withstanding the a-c proof-
matting, covers, line hose, gloves, and corresponding rubber glove with which test voltage indicated in Table E–1 of
sleeves made of rubber (either natural or it is worn and because the cuff of the the standard after a 16-hour water soak.
synthetic). See the summary and protector glove can easily be pulled If rubber insulating gloves absorb water,
explanation of proposed § 1926.97(b) for back without removal, it is easy to see a reduction in insulating properties will
general requirements on other types of markings on the cuff portion of the result. Water absorption is thus a critical
insulating equipment. rubber glove beneath. Any marking property because exposure to
Under proposed paragraph (a)(1)(i), provided on the rubber glove in an area perspiration or rain is quite common
blankets, gloves, and sleeves would outside of the cuff could not be seen while line worker’s gloves are in use.
have to be manufactured without seams. with the protector glove in place. Electrical work is sometimes performed
This method of making the protective Under the national consensus in the rain, and an employee’s
equipment minimizes the chance that standards, electrical protective perspiration is often present while the
the material will split. Because they are equipment must be capable of passing gloves are in use. The soak test is
used when workers handle energized certain electrical tests. In proposed needed to ensure that electrical
lines, gloves and sleeves are the only § 1926.97(a)(2), OSHA incorporates protective equipment can withstand the
defense an employee has against electric these requirements. The tests specified voltage involved under these
shock. Additionally, blankets, gloves, in the ASTM standards are very conditions.
and sleeves need to be seamless because detailed. This is not the case in the When an a-c proof test is used on
the stresses placed on the equipment by OSHA standard. Through the use of gloves, the resulting proof-test current
the flexing of the rubber during normal performance language, the proposed gives an indication of the validity of the
use could cause a seam to separate. The rule would establish the same level of gloves’ make-up, the dielectric constant
other three types of electrical protective protection without a lengthy discussion of the type of material used, its
equipment (covers, line hose, and of test procedures. thickness, and the total area under test.
matting) generally provide a more Paragraph (a)(2)(i) would require Paragraph (a)(2)(ii) prohibits the a-c
indirect form of protection—they electrical protective equipment to be proof-test current from exceeding the
insulate the live parts from accidental, capable of withstanding the a-c proof- current allowed in Table E–1. The
rather than intended, contact—and they test voltages in Table E–1 or the d-c currents listed in the table have been
are not usually subject to similar proof-test voltages in Table E–2 of the taken from ASTM D120–02a.
amounts or types of flexing. standard (depending, of course, on Under paragraph (a)(2)(ii)(A), the
Proposed paragraph (a)(1)(ii) would whether an a-c proof test or an maximum current for a-c voltages at
require electrical protective equipment equivalent d-c proof test is performed). frequencies other than 60 hertz would
to be marked to indicate its class and The proof-test voltages listed in these be computed from the direct ratio of the
type. The class marking indicates the tables have been taken from the current frequencies.
voltage with which the equipment can ASTM standards, which also contain Gloves are filled with and immersed
be used; the type marking indicates details of the test procedures used to in water during the a-c proof test, and
whether or not the equipment is ozone determine whether electrical protective the water inside and outside the glove
resistant. This will enable employees to equipment is capable of withstanding forms the electrodes. The a-c proof-test
know the uses and voltages for which these voltages. These details have not current is dependent on the length of
the equipment is suited. Proposed been included in the proposed rule. the portion of the glove that is out of
paragraph (a)(1)(ii) would also permit Paragraph (a)(2)(i)(A) replaces them water. Because the proof-test current is
equipment to contain other relevant with a performance-oriented a function of immersion depth, it is
markings, such as one indicating the requirement that whatever test is used important to specify the depth in the
manufacturer’s name or compliance must reliably indicate that the rule. Otherwise, employee safety could
with ASTM standards. equipment can withstand the proof-test be compromised. Therefore, paragraph
Paragraph (a)(1)(iii) would require all voltage involved. To meet the (a)(2)(ii)(B) in the proposed standard
markings to be nonconductive and to be requirements of the OSHA performance specifies that gloves to be tested must be
applied so that the properties of the standard, employers would normally get filled with and immersed in water to the
equipment are not impaired. This would the assurance of the manufacturer that depth given in Table E–3 in the
the equipment is capable of standard. This table was taken directly
8 OSHA considers a de minimis condition to be
withstanding the appropriate proof-test
a technical violation of a standard only. However,
because the employer is considered to be in voltage.9 Manufacturers typically look standard. Thus, an employer could simply look for
substantial compliance with the standard, the equipment labeled as meeting these standards.
Agency issues no citations or penalties, nor is the 9 As explained in the note at the end of paragraph Manufacturers attest, through this label, that their
employer required to bring his or her workplace (a), OSHA deems equipment meeting the ASTM equipment is capable of passing all the required
into compliance with the older standard. standards as being compliant with the OSHA tests, including the a-c or d-c proof tests.
from ASTM D120 and is valid for the protective equipment made of ozone- paragraphs (a)(3)(ii)(B) and (c)(2)(ix))
proof-test currents listed in Table E–1. resistant material is frequently used. To contain the latest revisions of these
The allowable proof-test current must ensure that ozone-resistant material standards. The Agency has reviewed
be increased for proof-tests on gloves will, in fact, be resistant to the damaging these documents and has found them to
after a 16-hour water soak because the effects of the gas, paragraph (a)(2)(iv) provide suitable guidance for
gloves absorb a small amount of water, requires this type of material (Type II) compliance with § 1926.97(a).11 It
which results in slightly increased to be capable of withstanding an ozone should be noted that the listed
current during the test. ASTM D120 test that can reliably indicate that the consensus standards are the only ones
allows an increase in the proof-test material will resist ozone exposure in with official recognition within the
current of 2 milliamperes. If the proof- actual use. As noted earlier, body of the standard. Future consensus
test current increases more than that, it standardized ozone tests are given in the standards are not automatically given
would indicate that the gloves absorbed ASTM specifications. The proposed rule the same recognition but will have to be
too much water. OSHA has proposed to also lists signs of failure of the test, such reviewed by OSHA to determine
allow a similar increase in proof-test as checking,10 cracking, breaks, and whether they provide sufficient
current in paragraph (a)(2)(ii)(C). pitting. protection.
Since the relatively high voltages used Paragraph (a)(3) applies to the Paragraph (b). Paragraph (b) of the
in testing electrical protective workmanship and finish of electrical proposed § 1926.97 addresses electrical
equipment for minimum breakdown protective equipment. Because physical protective equipment other than the
voltage can actually damage the irregularities can interfere with the rubber insulating equipment addressed
insulating material under test (even if it insulating properties of the equipment, in paragraph (a). Equipment falling
passes), proposed paragraph (a)(2)(iii) paragraph (a)(3)(i) prohibits the under this paragraph includes plastic
would prohibit protective equipment presence of harmful defects that can be guard equipment, insulating barriers,
that has been subjected to such a test detected by the tests or inspections and other protective equipment
from being used to protect employees required under § 1926.97. However, intended to provide electrical protection
from electrical hazards. The intent of some minor irregularities are nearly to employees. Some of the equipment
the proposal is to prohibit the use of unavoidable in the manufacture of addressed in paragraph (b) is covered
equipment that has been tested under rubber goods, and these imperfections under a national consensus standard.
conditions equivalent to those in the may be present in the insulating For example, insulating plastic guard
ASTM standards for minimum materials without significantly affecting equipment is covered by ASTM F968,
breakdown voltage tests. the insulation. Paragraph (a)(3)(ii) lists Specification for Electrically Insulating
A note at the end of proposed the types of imperfections that are Plastic Guard Equipment for Protection
§ 1926.97(a) indicates that all the tests permitted. Even with these of Workers. Other types of protective
given in the paragraph are described in imperfections, electrical protective equipment are not covered by consensus
the listed ASTM standards, as follows: equipment is still required to be capable specification.
These [ASTM] standards contain of passing the electrical tests specified Paragraph (b)(1) would require
specifications for conducting the various in paragraph (a)(2). electrical protective equipment to be
tests required in paragraph (a) of this section. Since paragraph (a) of § 1926.97 is capable of withstanding any voltage that
For example, the a-c and d-c proof tests, the written in performance-oriented might be imposed on it. The voltage
breakdown test, the water soak procedure, language, OSHA believes that it is includes transient overvoltages as well
and the ozone test mentioned in this important for employees, employers, as the nominal voltage that is present on
paragraph are described in detail in the and manufacturers to have some an energized part of an electric circuit.
ASTM standards.
guidance in terms of what is acceptable Equipment withstands a voltage if it
This does not mean that OSHA is under the proposed standard. OSHA maintains its integrity without flashover
adopting the ASTM standards by also realizes that the current ASTM or arc through. This paragraph would
reference. In enforcing proposed specifications on electrical protective protect employees from failure of
§ 1926.97, the Agency would accept any equipment are accepted by employers electrical protective equipment.
test that meets the requirements of the and employees in the industry as Equipment conforming to a national
OSHA standard. However, the proposal providing safety to employees and that consensus standard for that type of
states explicitly that the ASTM tests existing electrical protective equipment equipment will generally be considered
listed in the note are acceptable; and, if is normally made to these as complying with this rule if that
the ASTM specifications are met, an specifications. Furthermore, the standard contains proof testing
employer has assurance that he or she proposal is based on the provisions of requirements for the voltage involved.
is complying with proposed § 1926.97. these national consensus standards, For types of equipment not addressed
If an employer uses other test methods, although the requirements are stated in by any consensus standard, OSHA is
the Agency would determine, on a case- performance terms. OSHA has therefore considering accepting electrical
by-case basis, whether or not they meet included a footnote at the end of protective equipment that is capable of
the OSHA standard. paragraph (a) stating that rubber passing a test equivalent to that
Around high-voltage lines and insulating equipment meeting the described in ASTM F712, Standard Test
equipment, a luminous discharge, called requirements of the listed ASTM Methods for Electrically Insulating
electric corona, can occur due to standards for this equipment are Plastic Guard Equipment for Protection
ionization of the surrounding air caused considered as conforming to the
by a voltage gradient which exceeds a requirements contained in § 1926.97(a). 11 OSHA has also reviewed earlier versions of
certain critical value. The blue corona The lists of ASTM standards in the these ASTM standards and found them to afford
protection equal to that of the OSHA standard.
discharge is accompanied by a hissing proposed rule (in the notes following Thus, the Agency will accept electrical protective
noise and by ozone, which can cause equipment meeting earlier versions of the
damage to certain types of rubber 10 ASTM F819–00 e1, Standard Terminology consensus standards provided the equipment meets
insulating materials. Therefore, when Relating to Electrical Protective Equipment for the edition of the standard that was in effect at the
Workers, defines ‘‘ozone cutting and checking’’ as: time of manufacture and provided the employer has
there is a chance that ozone may be ‘‘cracks produced by ozone in a material under followed the use and care provisions set out in
produced at a work location, electrical mechanical stress.’’ proposed § 1926.97(c).
of Workers. Guidance for performing passing those tests should be acceptable standard. However, comments are
dielectric tests of electrical protective under the OSHA standard. invited on the need to set specific
equipment is also given in IEEE Std. The electrical test criteria set in electrical performance values in the
516, IEEE Guide for Maintenance ASTM F968 are summarized in Table OSHA rule and on whether Table IV–1
Methods on Energized Power-Lines. IV–1 and Table IV–2. The Agency and Table IV–2 could be applied to all
OSHA invites comments on whether believes that the performance criteria types of electrical protective equipment
these standards contain suitable test proposed in paragraph (b)(1) minimize that would be covered by proposed
methods and whether equipment the necessity of setting or specifically § 1926.97(b).
including similar criteria in the OSHA
TABLE IV–1.—WITHSTAND VOLTAGE PROOF TEST
Proof test withstand voltage (in service testing)
Maximum
Rating use
Class kV j-g
kV j-j kV j-g Duration Criteria
(60 Hz) min.
60 Hz D–C
2 ................ 14.6 8.4 13 18 1.00 No flashover other than momentary as a result of

3 ................ 26.4 15.3 24 34 1.00 too-close spacing of electrode.
4 ................ 36.6 21.1 32 45 1.00
5 ................ 48.3 27.0 42 60 0.50
6 ................ 72.5 41.8 64 91 0.25
TABLE IV–2.—MINIMUM FLASHOVER TEST

Maximum Minimum flashover test kV j-
Rating use g
Class Criteria
kV j-j kV j-g
(60 Hz) 60 Hz D–C
2 ................ 14.6 8.4 14 20 No flashover other than momentary as a result of too-close spac-
3 ................ 26.4 15.3 25 35 ing of electrode.
4 ................ 36.6 21.1 34 48
5 ................ 48.3 27.0 43 61
6 ................ 72.5 41.8 67 95
Proposed paragraph (b)(2) addresses Capacitive current caused by the makes clear that paragraph (b)(2) applies
the properties of insulating equipment dielectric properties of the equipment to equipment for primary insulation; it
that limit the amount of current seen by being tested, (2) conduction current is not intended to apply to equipment
an employee. Paragraph (b)(2)(i) would through the equipment, and (3) leakage used for secondary insulation or used
require electrical protective equipment current passing along the surface of the for brush contact only.
used as the primary insulation of equipment. The conduction current is Paragraph (c). Although existing
employees from energized parts to be negligible for materials typically used in § 1926.951(a)(1) does not contain
capable of passing a test for current (that insulating equipment, and the leakage provisions for the care and use of
is, a proof test) when subjected to the current should be small for clean, dry insulating equipment, OSHA believes
highest nominal voltage on which the insulating equipment. The capacitive provisions of this type can contribute
equipment is to be used. Paragraph component usually predominates when greatly to employee safety. Electrical
(b)(2)(ii) would limit the current insulating equipment in good condition protective equipment is, in large part,
encountered during the test to 1 is tested. The second note to paragraph manufactured in accordance with the
microampere per kilovolt of applied (b)(2) summarizes this information. latest ASTM standards. This would
voltage. This requirement is intended to probably be the case even in the absence
The tests required under proposed of OSHA regulation. However, improper
prevent the use of poor insulating paragraphs (b)(1) and (b)(2) would
materials or good insulating materials use and care of this equipment can
normally be performed by the easily reduce, or even eliminate, the
that are contaminated with conductive manufacturer initially during the design
substances (for example, fiberglass- protection afforded by this equipment.
process and periodically during the Therefore, OSHA is proposing new
reinforced plastic coated with a manufacturing process. However, some requirements on the in-service care and
conductive finish), which could lead to employers might want to use equipment use of electrical protective equipment to
electric shocks to employees using the that is made of insulating materials but the design standards already contained
equipment. The limit for current has that is not intended by the manufacturer in existing § 1926.951(a)(1). These new
been taken from IEEE Std. 516, and to be used as insulation. For example, provisions will help ensure that these
OSHA believes such a limit is a barrier made of rigid plastic may be safety products retain their insulating
reasonable and appropriate. The Agency intended for use as a general purpose properties.
invites comments, however, on whether barrier. An employer could test the Proposed paragraph (c)(1) would
another value would better protect barrier under proposed paragraphs (b)(1) require electrical protective equipment
employees. and (b)(2). If the equipment passed the to be maintained in a safe and reliable
When equipment is tested with ac tests, it would be acceptable for use as condition. This general, performance-
voltage, the current measured during the insulating electrical protective oriented requirement, which would
test consists of three components: (1) equipment. Note 1 to paragraph (b)(2) apply to all equipment addressed by
new § 1926.97, helps ensure that than the proof-test voltages given in ensure the safe use of electrical
employees are fully protected from Table E–1 and Table E–2. protective equipment.
electric shock. Table E–4 contains the following note: Proposed paragraph (c)(2)(ii) would
Detailed criteria for the use and care The maximum use voltage is the a-c require insulating equipment to be
of specific types of electrical protective voltage (rms) classification of the protective visually inspected before use each day
equipment are contained in the equipment that designates the maximum and immediately after any incident
following ASTM standards: nominal design voltage of the energized which might be suspected of causing
ASTM F 478–92, Specification for In- system that may be safely worked. The damage. In this way, obvious defects
nominal design voltage is equal to the phase- can be detected before an accident
Service Care of Insulating Line Hose and to-phase voltage on multiphase circuits.
Covers. occurs. Possible damage-causing
However, the phase-to-ground potential is
ASTM F 479–95, Specification for In- considered to be the nominal design voltage:
incidents would include exposure to
Service Care of Insulating Blankets. (1) If there is no multiphase exposure in a corona and exposure to possible direct
ASTM F 496–02a, Specification for system area and if the voltage exposure is physical damage. Additionally, rubber
In-Service Care of Insulating Gloves and limited to the phase-to-ground potential, or gloves would be required to be
Sleeves. (2) If the electrical equipment and devices subjected to an air test along with the
are insulated or isolated or both so that the inspection. In the field, this test usually
OSHA based the requirements multiphase exposure on a grounded wye
proposed in paragraph (c)(2) on these consists of rolling the cuff towards the
circuit is removed. palm so that air is entrapped within the
standards.
In the general case, electrical glove. In a testing facility, a mechanical
Paragraph (c)(2) applies only to rubber
protective equipment must be rated for inflater may be used. In either case,
insulating blankets, covers, line hose,
the full phase-to-phase voltage of the punctures and cuts can easily be
gloves, and sleeves. These are the only
lines or equipment on which work is detected. The note following paragraph
types of electrical protective equipment
being performed. This ensures that (c)(2)(ii) indicates that ASTM F 1236–
addressed by consensus standards on
employees are protected against the 96, Standard Guide for Visual
the care and use of such equipment.
most severe possible exposure, that is, Inspection of Electrical Protective
Rubber insulating matting, which is
contact between one phase conductor Rubber Products, contains (1)
addressed by the material design
and another. However, if the employee information on how to inspect rubber
specifications in paragraph (a), is not
is only exposed to phase-to-ground insulating equipment and (2)
covered by any ASTM standard on its
voltage, then the electrical protective descriptions and photographs of
in-service care or by § 1910.137(c)(2).
equipment selected can be based on this potential irregularities in the
This type of equipment is generally
lower voltage level (nominally, the equipment.
permanently installed to provide
phase-to-phase voltage divided by √3 ). During use, electrical protective
supplementary protection against equipment may become damaged and
For example, a three-phase, solidly
electric shock. Employees stand on the lose some of its insulating value.
grounded, Y-connected overhead
matting, and they are insulated from Paragraph (c)(2)(iii) of proposed
distribution system could be run as
ground, which protects them from § 1926.97 lists types of damage that
three phase conductors with a neutral or
phase-to-ground electric shock. would cause the insulating value to
as three single-phase circuits with one
However, because this type of drop. The equipment may not be used
phase conductor and a neutral each. If
equipment is normally left in place after if any of these defects are present.
only one phase conductor is present on
it is installed and because it is not relied Defects other than those listed in
a pole, there is no multiphase exposure.
on for primary protection from electric paragraph (c)(2)(iii) may develop during
If all three phase conductors are present,
shock (the primary protection is use of the equipment and could also
the multiphase exposure can be
provided by other insulating equipment affect the insulating and mechanical
removed by insulating two of the phases
or by insulating tools), it is not tested on properties of the equipment. If such
or by isolating 12 two of the phases.
a periodic basis and is not subject to the defects are found, proposed paragraph
After the insulation is in place or while
careful inspection before use that other (c)(2)(iv) would require the equipment
the employee is isolated from the other
insulating equipment is required to to be removed from service and tested
two phase conductors, there is no
receive. It should be noted, however, in accordance with other requirements
multiphase exposure, and electrical
that rubber insulating matting is in paragraph (c)(2). The results of the
protective equipment rated for the
required to be maintained in a safe, tests determine if it is safe to return the
phase-to-ground voltage could be used.
reliable condition under paragraph items to service.
(It should be noted that, until the
(c)(1). Foreign substances on the surface of
multiphase exposure has actually been
Although the rubber insulating rubber insulating equipment can
removed, the phase-to-phase voltage
equipment addressed in § 1926.97(a) is degrade the material and lead to damage
remains the maximum use voltage.
currently designed to be capable of to the insulation. Paragraph (c)(2)(v)
Thus, the maximum use voltage of any
withstanding voltages of up to 40 would require the equipment to be
insulation used to ‘‘remove phase-to-
kilovolts, such equipment is actually cleaned as needed to remove any foreign
phase exposure’’ must be greater than or
intended to be used at lower voltages substances.
equal to the phase-to-phase voltage on
(see, for example, ASTM F 496 on the Over time, certain environmental
the system.) OSHA requests comments
care and use of rubber insulating gloves conditions can also cause deterioration
on how employees can be insulated or
and sleeves). The use of insulating of rubber insulating equipment.
isolated from multiphase exposure to
equipment at voltages less than its Proposed paragraph (c)(2)(vi) would
actual breakdown voltage provides a 12 Depending on the configuration of the system, require insulating equipment to be
margin of safety for the employee. In an employee could be isolated from two of the stored so that it is protected from
paragraph (c)(2)(i) and Table E–4, the phases on the pole by approaching one of the injurious conditions and substances,
proposal has adopted the margins of outside phase conductors and working on it from such as light, temperature extremes,
a position where there is no possibility of coming
safety recognized in the ASTM too close to the other two phase conductors.
excessive humidity, and ozone. This
standards, restricting the use of Isolation of the employee may be impossible for requirement helps the equipment retain
insulating equipment to voltages lower some line configurations. its insulating properties as it ages.
OSHA does not consider carrying the exception does not apply when the equipment is not returned to service.
equipment on trucks for the use of possibility of damage is significant, such Paragraph (c)(2)(x) would prohibit
employees during the course of work to as when an employee is using a knife to electrical protective equipment that
be storage. However, the Agency does trim insulation from a conductor or failed the required inspections and tests
not believe that it is safe to store the when an employee has to handle from being used by employees, unless
equipment on trucks for extended moving parts, such as conductors being the defects can be safely eliminated.
periods between use if such storage pulled into place. To ensure that no loss Proposed paragraph (c)(2)(x) also lists
would expose the equipment to of insulation has occurred, paragraph acceptable means of eliminating defects
extremes of temperature or humidity. It (c)(2)(vii)(C) would require any gloves and rendering the equipment fit for use.
may be necessary, under some used under this exception to be tested Sometimes defective portions of rubber
circumstances, to store equipment before being used again. line hose and blankets can be removed.
indoors during prolonged periods when Paragraph (c)(2)(viii), Table E–4, and The result would be a smaller blanket or
employees would not be using it. Table E–5 would require insulating a shorter length of line hose. Under the
Workers are dependent upon electrical equipment to be tested periodically to proposal, rubber insulating blankets
protective equipment for their safety, verify that electrical protective may only be salvaged by severing the
and all reasonable means of protecting equipment retains its insulating defective portions of the blanket if the
it from unnecessary damage must be properties over time. Table E–4 lists the resulting undamaged area is at least 560
employed. retest voltages that are required for the mm by 560 mm (22 inches by 22 inches)
Rubber insulating gloves are various classes of protective equipment, for Class 1, 2, 3, and 4 blankets. (Smaller
particularly sensitive to physical and Table E–5 presents the testing sizes cannot be reliably tested using
damage during use. Through handling intervals for the different types of standard test methods.) Obviously,
conductors and other electrical equipment. These test voltages and gloves and sleeves cannot be repaired in
equipment, an employee can damage intervals were taken from the relevant this manner; however, there are
the gloves and lose the protection they ASTM standards. methods of patching them if the defects
provide. For example, a sharp point on Paragraph (c)(2)(ix) proposes a are minor. Rubber blankets can also be
the end of a conductor could puncture performance-oriented requirement that patched. The patched area must have
the rubber. To protect against damage, the method used for the periodic tests electrical and physical properties equal
protector gloves (made of leather) are give a reliable indication of whether or to those of the material being repaired.
worn over the rubber gloves. Proposed not the electrical protective equipment To minimize the possibility that a patch
paragraph (c)(2)(vii) recognizes the extra can withstand the voltages involved. As will loosen or fail, the proposal would
protection afforded by leather gloves this is a performance-oriented standard, not permit repairs to gloves outside the
and would require their use over rubber OSHA does not spell out detailed gauntlet area (the area between the wrist
gloves, except under limited conditions. procedures for the required tests, which and the reinforced edge of the opening).
Protector gloves would not be vary depending on the type of OSHA stresses that the proposal would
required with Class 0 or Class 00 gloves equipment being tested. On the other not permit repairs in the working area
if high finger dexterity is needed for hand, OSHA believes that it is of the glove, where the constant flexing
small parts manipulation. The important for employees, employers, of the rubber during the course of work
maximum voltage on which Class 0 and and testing laboratories to have some could loosen an ill-formed patch.
Class 00 gloves can be used is 1,000 guidance in terms of what is acceptable Once the insulating equipment has
volts and 500 volts, respectively. At under the proposed standard. Therefore, been repaired, it must be retested to
these voltages, an employee is protected following paragraph (c)(2)(ix), OSHA ensure that any patches are effective and
against electric shock as long as a live has included a note stating that that there are no other defects present.
part does not puncture the rubber and electrical test methods given in the Such retests would be required under
contact the employee’s hand. The type various ASTM standards on rubber paragraph (c)(2)(xi).
of small parts encountered in work on insulating equipment meet the proposed Employers, employees, and OSHA
energized circuits, such as small nuts performance requirement. The Agency compliance staff must have a method of
and washers, are not likely to do this. believes that referencing acceptable test determining whether or not the tests
While the exception is necessary to methods within the standard will required under proposed paragraphs
allow work to be performed on small benefit employees, employers, and (c)(2)(viii) and (c)(2)(xi) have been
energized parts, extra care is needed in testing laboratories. As noted earlier, performed. Paragraph (c)(2)(xii) would
the visual examination of the glove and this does not mean that OSHA is require this to be accomplished by
in the avoidance of handling sharp adopting the ASTM standards by means of certification by the employer
objects. (A note to this effect is included reference. In enforcing that equipment has been tested in
in the proposal.) § 1926.97(c)(2)(ix), the Agency would accordance with the standard. The
The other exception to the accept any test that meets the certification is required to identify the
requirement for protector gloves is requirements of the OSHA standard. equipment that passed the test and the
granted if the employer can demonstrate However, the proposal states explicitly date it was tested. Typical means of
that the possibility for damage is low that the listed ASTM tests would be meeting this requirement include logs
and if gloves at least one class higher acceptable; and, if the ASTM and stamping test dates on the
than required for the voltage are used. specifications are met, an employer has equipment. A note following paragraph
For example, if a Class 2 glove is used assurance that he or she would be (c)(2)(xii) explains that these means of
at 7500 volts or less (the maximum use complying with § 1926.97(c)(2)(ix). If an certification are acceptable.
voltage for Class 1 equipment), if high employer uses other test methods, the
dexterity is needed, and if the Agency will determine, on a case-by- B. Electric Power Transmission and
possibility of damage is low, then case basis, whether or not they meet the Distribution, Subpart V
protector gloves need not be used. In Federal standard. OSHA is proposing to revise Subpart
this case, the additional thickness of Once the equipment has undergone V of its construction standards. This
insulation provides a measure of the in-service inspections and tests, it is subpart contains requirements for the
additional physical protection. This important to ensure that any failed prevention of injuries to employees
performing construction work on inspected before each shift. This Paragraph (b) of § 1926.950 addresses
electric power transmission and provision would not supersede existing training for employees. Subpart V
distribution installations. §§ 1926.500(a)(5) and (a)(6), which currently contains no general provisions
The proposed revision of Subpart V is detail specific requirements for the related to training employees in the
based primarily on the general industry inspection of cranes. Also, in a change safety precautions necessary to perform
standard § 1910.269, Electric power that OSHA considers nonsubstantive, electric power transmission and
generation, transmission, and § 1910.269(a)(1)(iii) will be amended to distribution work. It is widely
distribution, which was promulgated in include language equivalent to that of recognized that electric-utility-type
January 1994, rather than on existing the new provision at § 1926.950(a)(2).13 work requires special knowledge and
Subpart V, which was promulgated in In contrast to § 1910.269, Subpart V skills. Additionally, both existing
1972. As noted earlier in this preamble, does not apply to work on electric Subpart V and the proposed revision of
the existing Subpart V is technologically power generation installations or to the Subpart V contain many safety-related
out of date and contains provisions that installations themselves. The work practice requirements that are
are poorly written. OSHA believes that construction of an electric power necessary for the protection of
basing the revision of Subpart V on the generation station normally poses employees. In order to gain the requisite
more recently promulgated § 1910.269 hazards more akin to those of general knowledge and skills to employ these
will produce a standard that will be construction rather than those found in work practices, employees must be
easier for employees and employers to the operation and maintenance of the adequately trained. Therefore, in the
understand and will better protect generation plant. The only exceptions proposed revision of Subpart V, OSHA
employees than a revision based on the would be during the final phase of has included training requirements
existing construction standard. construction of a generating station, based on those in § 1910.269.
when electrical and other acceptance Paragraph (b)(1) contains training
Section 1926.950, General
testing of the installation is being requirements applying to all employees
Section 1926.950, General, proposes performed, and during ‘‘reconstruction’’ performing work covered by Subpart V.
the scope of revised Subpart V and phases, when other portions of the Paragraph (b)(1)(i) would require
proposes general requirements for generating station would still be in employees to be trained in the safety-
training and the determination of operation. During these two operations, related work practices, safety
existing conditions. the work being performed resembles procedures, and other personnel safety
Paragraph (a)(1) of proposed general industry work, and the requirements in the standard that
§ 1926.950 sets the scope of revised appropriate work practices to follow are pertain to their respective job
Subpart V. OSHA intends the revision contained in the general industry assignments. This training is necessary
of Subpart V to apply to the same types standard § 1910.269. Therefore, rather to ensure that employees use the safety-
of work covered under the existing than repeat the relevant portions of related work practices outlined in
standard. Therefore, paragraph (a)(1) has § 1910.269 in Subpart V, OSHA has proposed Subpart V.
been taken directly from existing simply stated in § 1926.950(a)(3) that Under paragraph (b)(1)(ii), employees
§ 1926.950(a) and (a)(1). As proposed, such work shall comply with would also be required to be trained in
Subpart V would apply to the § 1910.269. The Agency requests and familiar with any other safety
construction of electric power comments on whether § 1910.269 practices necessary for their safety,
transmission and distribution should apply to all work involving including applicable emergency
installations. For the purposes of the electric power generation installations, procedures. The proposed rule would
proposal and the existing standard, as proposed, or whether the relevant require employees to be trained in safe
‘‘construction’’ includes the erection of requirements from § 1910.269 should be work techniques that relate to his or her
new electric transmission and contained in Subpart V. job. Additionally, if more than one set
distribution lines and equipment, and Similarly, line-clearance tree of work practices could be used to
the alteration, conversion, and trimming is not normally performed as accomplish a task safely, the employee
improvement of existing electric part of the construction of electric would need to be trained in only those
transmission and distribution lines and power transmission or distribution work methods he or she is to use. For
equipment. installations. One exception occurs example, an insulator on a power line
Paragraph (a)(2) of proposed when trees are trimmed along an could be replaced through the use of
§ 1926.950 explains the application of existing overhead power line to provide live-line tools, through the use of rubber
the subpart with respect to the rest of clearance for a new transmission or insulating equipment, or by
Part 1926. The proposed provision reads distribution line being constructed. deenergizing the line. The employee
as follows: ‘‘This subpart applies in Even here, however, this work is not would only have to be trained in the
addition to all other applicable construction-like in nature. Therefore, method actually used to replace that
standards contained in this Part 1926. OSHA is also applying § 1910.269 to insulator.
Employers covered under this subpart line-clearance tree-trimming operations, The proposal cannot specify
are not exempt from complying with regardless of whether the work is requirements for every hazard the
other applicable provisions in Part 1926 considered to be construction work. The employee faces in performing electric
by the operation of § 1910.5(c) of this Agency also requests comments on power transmission or distribution
chapter. Specific references in this whether § 1910.269 should apply to all work. Employers must fill in this gap by
subpart to other sections of Part 1926 work involving line-clearance tree training their employees in hazards that
are provided for emphasis only.’’ All trimming, as proposed, or whether the are anticipated during the course of jobs
other construction industry standards relevant requirements from § 1910.269 they are expected to perform. The
would continue to apply to installations should be contained in Subpart V. language of proposed
covered by the revised standard unless § 1926.950(b)(1)(ii) imparts OSHA’s
an exception is given in Subpart V. For 13 Paragraph (a)(1)(iii) of § 1910.269 presently
intent that safety training be provided in
example, § 1926.959(a)(2) would require states: ‘‘This section applies in addition to all other areas that are not directly addressed by
applicable standards contained in this part 1910.
the critical components of mechanical Specific references in this section to other sections the standard but that are related to the
elevating and rotating equipment to be of part 1910 are provided for emphasis only.’’ employee’s job.
Under paragraph (b)(1)(iii), the who had been appropriately trained for the them in a safe manner. OSHA believes
training provided to an employee would exposure that he subsequently came in that this requirement will significantly
have to be commensurate with the risk contact with and just was not following what improve safety for electric power
the training and the company policy had
he or she faces. This provision is not involved. [269–DC Tr. 47–48]
transmission and distribution workers.
contained in either existing Subpart V Under paragraph (b)(5), the proposal
or § 1910.269. This proposed Continual reinforcement of this initial would require classroom or on-the-job
requirement, which has been taken from guidance must be provided to ensure training or a combination of both. This
§ 1910.332(c), is intended to ensure that that the employee actually uses the allows employers to continue the types
an appropriate level of training is procedures he or she has been taught. of training programs that are currently
provided. Employees who face little risk This reinforcement can take the form of in existence. (See the discussion of Note
in their job tasks need less training than supervision, safety meetings, pre-job 2 to paragraph (b)(7) for an explanation
those whose jobs expose them to the briefings or conferences, and retraining. of how employers may treat previous
most danger. OSHA believes that this Typically, adequate supervision can training.)
provision will ensure that employers detect unsafe work practices with An employee who has attended a
direct their training resources where respect to tasks that are routine and are single training class on a procedure that
they will provide the greatest benefit. At performed on a daily or regular basis. is as complex as the lockout and tagging
the same time, all employees will However, if an employee has to use a procedure used in an electric generating
receive adequate training to protect technique that is applied infrequently or plant has generally not been fully
them against the hazards they face in that is based on new technology, some trained in that procedure. Unless a
their jobs. OSHA notes, however, for follow-up is needed to ensure that the training program establishes an
employees who are currently provided employee is actually aware of the employee’s proficiency in safe work
the training required by existing correct procedure for accomplishing the practices and unless that employee then
§ 1910.269, this training will be task. A detailed job briefing, as required demonstrates his or her ability to
considered sufficient for compliance under proposed § 1926.952(d)(2), may perform those work practices, there will
with proposed paragraph (b)(1)(iii). be adequate if the employee has be no assurance that safe work practices
Proposed paragraph (b)(1)(iii) does not previously received some instruction, will result. To address this problem, the
require employers to make changes to but training would be necessary if the Agency is proposing paragraph (b)(6),
their training programs; rather it employee has never been schooled in which reads as follows:
provides employers with options to the techniques to be used.
For these reasons, OSHA has The training shall establish employee
tailor their training programs and proficiency in the work practices required by
resources to employees with supplemented the basic training this section and shall introduce the
particularly high-risk jobs. requirements proposed in procedures necessary for compliance with
Paragraph (b)(2) of proposed § 1926.950(b)(1) and (b)(2) with two this section.
§ 1926.950 contains additional additional requirements: (1) a
requirement for regular supervision The inclusion of paragraph (b)(6) and
requirements for the training of
(that is, supervision that takes place on the demonstration of proficiency
qualified employees. Because qualified
a periodic basis throughout the year) requirement contained in paragraph
employees are allowed to work very
and an annual inspection by the (b)(7), discussed later in this preamble,
close to electric power lines and
employer to determine whether or not are intended to ensure that employers
equipment and because they face a high
each employee is complying with the do not try to comply with § 1926.950(b)
risk of electrocution, it is important that
safety-related work practices required by simply handing training manuals to
they be specially trained. OSHA
by Subpart V and (2) a requirement for their employees. These provisions will
believes that qualified employees need
additional training whenever require employers to take steps to assure
to be extensively trained for them to
• The regular supervision or annual that employees comprehend what they
perform their work safely. Towards this
inspection indicates that the employee have been taught and that they are
end, the proposal would require that
is not following the safety-related work capable of performing the work
these employees be trained in
practices required by the standard, practices mandated by the standard.
distinguishing live parts from other
• New technology, new types of OSHA believes that these two
parts of electric equipment, in
equipment, or changes in procedures paragraphs will maximize the benefits
determining nominal voltages of lines
necessitate the use of safety-related of the training required under the
and equipment, in the minimum
work practices that are different from standard.
approach distances set forth in the
those that the employee would normally The employer would be required, by
proposal, in the techniques involved in
use, or paragraph (b)(7), to determine that each
working on or near live parts, and in the
knowledge necessary to recognize • The employee must use safety- employee has demonstrated proficiency
related work practices that are not in the work practices involved. Until the
electrical hazards and the techniques to
normally used during his or her regular employer makes this determination, the
avoid these hazards.
OSHA believes that there is a need for job duties. employee would not be considered as
all employees to be trained on a These two provisions are contained in being trained. Employers relying on
continuing basis. Initial instruction in paragraphs (b)(3) and (b)(4). training provided by others are expected
safe techniques for performing specific The proposal includes a note to take steps to verify that the employee
job tasks is not sufficient to ensure that indicating that the Agency considers has indeed received it. For example, an
employees will use safe work practices tasks performed less often than once per employer could call a previous
all of the time. At OSHA’s hearing on year to require retraining before the task employer or training facility or could
§ 1910.269, Dr. Heinz Ahlers of NIOSH is actually performed. Instruction check a union employee’s journeyman
spoke about the effect of training on provided in pre-job briefings is lineman credentials. Alternatively, an
accidents, as follows: acceptable if it is detailed enough to employer could test the employee’s
fully inform the employee of the knowledge of safe work practices. After
* * * I think in a majority of those procedures involved in the job and to these steps have been taken, the
instances, the fatality involved the worker ensure that he or she can accomplish employer could then, based on visual
observation of the employee, determine adequate for the work practices the employee to demonstrate proficiency in
that that employee has been trained in employee will be performing. It is the work practices involved before he or
accordance with the standard and has possible, for example, that an employee she is considered as having been trained
demonstrated proficiency in the work who has received training through an satisfactorily. Therefore, as described
practices involved. A note following apprenticeship program was not trained earlier, the proposal includes this as a
this paragraph explains that employee in the specific grounding practices used requirement. Comments are requested
training records, which are maintained by his or her current employer. The on whether or not the existing
by many employers but which are not employer must determine where the certification requirement in existing
required by the standard, are one way of gaps in the employee’s training are and § 1910.269(a)(2)(vii) is necessary and on
tracking when an employee has provide supplemental training to cover whether or not the proposed alternative
demonstrated proficiency. OSHA them. Otherwise, employees may follow will better protect employees.
requests comments on whether the different practices that endanger not
The work covered by Subpart V is
standard should require employers to only themselves but their coworkers as
frequently done by an employer
record employee training. well. For example, a previously trained
Note 2 to paragraph (b)(7) describes working under contract to an electric
employee may have been instructed to
how an employer may treat training that utility. Traditionally, electric utilities 14
wear rubber gloves and sleeves, but his
the employee has received previously have had a workforce that was sufficient
or her current employer’s practices
(for example, through previous require only rubber gloves but with the for the day-to-day maintenance of the
employment). If an employer can extra insulation on conductors as electric power generation, transmission,
demonstrate that an employee has required by proposed § 1926.960(c)(2). and distribution system. Electric
already been trained, the employer does This employee will be unlikely to install utilities would hire contractors when
not have to duplicate previous all the necessary insulation, increasing the work to be performed went beyond
instruction provided that the employer: the risk to the employee and his or her routine maintenance. Thus, contractors
(1) Confirms that the employee has the coworkers. typically would perform the following
job experience appropriate to the work Existing § 1910.269(a)(2)(vii) requires types of work: new transmission and
to be performed, (2) through an employers to certify that employees distribution line construction, extensive
examination or interview, makes an have received the training required transmission and distribution line
initial determination that the employee under that section. The certification renovation (such as the replacement of
is proficient in the relevant safety- must be made when the employee a large number of utility poles or the
related work practices before he or she demonstrates proficiency in the work upgrading of the line to a higher
performs any work covered by this practices involved. To reduce voltage), line-clearance tree trimming,
subpart, and (3) supervises the unnecessary paperwork burdens placed generation plant overhauls, and repair
employee closely until that employee on employers, OSHA is proposing to of extensive storm damage.
has demonstrated proficiency in all the eliminate the requirement to certify Contractors performing electric power
work practices he or she will employ. training. The Agency believes that generation, transmission, and
OSHA believes that it is unnecessary to compliance with the training distribution work experience a
require employers to duplicate training requirements can be determined disproportionate share of fatal accidents
the employee has received in the past. through employee interviews; thus, the in comparison to electric utilities. Table
However, the Agency believes that it is certification requirement is IV–3 presents the number of fatalities
important for the employer to take steps unnecessary. OSHA does believe, experienced by electric utilities and
to ensure that the previous training was however, that it is essential for the their major electrical contractors.
TABLE IV–3.—FATALITIES BY SIC

SIC Industry Year Number
783 .................................... Line-clearance tree-trimming contractors ................................................................ 1991 4

1992 7
1993 9
1994 4
1995 2
1996 6
1997 4
1998 5
Total ........................... ................................................................................................................................... ........................ 41
1623 .................................. Power Line Contractors ........................................................................................... 1991 15

1992 12
1993 20
1994 21
1995 15
1996 11
1997 11
1998 12
Total ........................... ................................................................................................................................... ........................ 117
1731 .................................. Electrical Contractors ............................................................................................... 1991 5
14 For the purposes of the discussion of utility’’ to include any employer who hires a power generation, transmission, or distribution
§ 1926.950(c), OSHA is using the term ‘‘electric contractor to work on that employer’s electric facility.
TABLE IV–3.—FATALITIES BY SIC—Continued

SIC Industry Year Number
1992 6
1993 13
1994 9
1995 9
1996 6
1997 8
1998 9
Total ........................... ................................................................................................................................... ........................ 65
4911 .................................. Electric Utilities ......................................................................................................... 1991 33

1992 34
1993 28
1994 23
1995 36
1996 23
1997 20
1998 27
Total ........................... ................................................................................................................................... ........................ 224
4931 .................................. Combination Utilities (e.g., Electric and Gas Utilities) ............................................. 1991 2
1992 7
1993 1
1994 1
1995 1
1996 2
1997 2
1998 1
Total ................................................................................................................................... ........................ 17
Grand total .......... ................................................................................................................................... ........................ 464

Source: OSHA accident inspection data for the years 1991 through 1998.
BILLING CODE 4510–26–P
BILLING CODE 4510–26–C

EP15JN05.000</GPH>
Figure 1 shows the percentages of half of the fatalities involving Using employment data for 1997 from
fatalities for the two groups. These contractors. Section V, Preliminary Regulatory
figures demonstrate that, while the The number of fatalities for the two Impact Analysis and Initial Regulatory
overall number of fatalities has not industry groups does not tell the full Flexibility Analysis, later in this
changed significantly, the proportion of story. To determine the relative risk preamble, the Agency has calculated
fatal accidents has shifted from electric faced by employees, OSHA must look at fatality rates for electric utilities and
utilities to their contractors, with nearly fatality rates, which represent the their major contractors, as shown in
number of deaths per 1000 employees. Table IV–4.
TABLE IV–4.—FATALITY RATE BY INDUSTRY
Electric utilities Electrical contractors Line-clearance tree trimmers
Year 124408 Employees 1 43472 Employees 2 35020 Employees 3
Number of fatalities Fatality rate Number of fatalities Fatality rate Number of fatalities Fatality rate
1991 ......... 35 0.28 20 0.46 4 0.11

1992 ......... 41 0.33 18 0.41 7 0.20
1993 ......... 29 0.23 33 0.76 9 0.26
1994 ......... 24 0.19 30 0.69 4 0.11
1995 ......... 37 0.30 24 0.55 2 0.06
1996 ......... 25 0.20 17 0.39 6 0.17
1997 ......... 22 0.18 19 0.44 4 0.11
1998 ......... 28 0.23 21 0.48 5 0.14
Total 241 0.24 182 0.52 41 0.15

1 Source: ‘‘Analytical Support and Data Gathering for a Preliminary Economic Analysis for Proposed Standards for Work on Electric Power
Generation, Transmission, and Distribution Lines and Equipment (29 CFR 1910.269 and 29 CFR 1926—Subpart V),’’ 2005, CONSAD Research
Corp. (CONSAD), full-time equivalent employment for NAICS 221110, electric power generation, NAICS 221120, electric power transmission,
control, and distribution, and NAICS 2211, publicly owned utilities, combined.
2 Source: CONSAD, full-time equivalent employment for NAICS 234910, water, sewer, and pipeline construction, NAICS 234920, power and
communication transmission line construction, and NAICS 235310, electrical contractors, combined.
3 Source: CONSAD, full-time equivalent employment for SIC 0783, ornamental shrub and tree services.
As can be seen from this table, the the actual equipment they will be electric shock hazards. Employees
fatality rates for contractors are more working on. For example, an employee exposed to such hazards need to be
than double the comparable rate for might be trained in the climbing of highly trained and skilled. If an electric
electric utilities. concrete poles. Climbing these utility hires a contractor who uses
OSHA believes that, for the protection structures typically involves the unqualified employees on those lines
of all employees performing electric attachment of temporary ladders into and equipment, the hazards posed by
power generation,15 transmission, and fittings on the concrete poles. An the utility’s facilities will almost
distribution work, it is essential that employee with the general type of certainly lead to injuries. If the contract
electric utilities hire contractors who training in climbing electric power employees are working on a power line
have employees with the skills, transmission structures that contract with the understanding that it is
knowledge, training, tools, and employees typically receive might not deenergized and if the contract
protective equipment necessary to be aware of the specific attachment and employees do not fully understand the
perform this work safely. The safety of locking means used by the concrete electric utility’s procedures for
electric utility employees as well as the poles and structures owned by the deenergizing lines and equipment, then
safety of contractor employees depends electric utility that hires the contractor. those employees could mistakenly
on this. Without this knowledge, the employee believe that a line is deenergized when
It is clear that the safety of contract could attach the temporary ladder it is not, with possibly fatal results.
employees is dependent on their skills, incorrectly or fail to lock it in place Inadequate maintenance of an electric
knowledge, training, tools, and properly with possibly fatal results. utility’s facilities can also lead to
protective equipment. The requirements In addition, several provisions in the unexpected hazards for contract
of § 1926.950(b) generally ensure that all standard would require the employer to
employees.
employees have the requisite skills and assess certain hazards covered by the
standard. For example, § 1926.960(g) The safety of electric utility
training. Other requirements in the
would require employers to assess employees is also affected by the
standard, including §§ 1926.954,
hazards associated with electric arcs. contract employer’s work. For example,
1926.957, and 1926.960, address tools
Contract employers need to have a contractor’s work could cause an
and protective equipment. However,
sufficient information about the overhead energized line to fall on a
these other provisions do not adequately
electrical system so that they can deenergized line on which an electric
address the employees’ knowledge of
perform these hazard assessments. utility employee is working, creating
15 Although Subpart V applies only to the The facilities owned by an electric hazards for the electric utility employee.
construction of transmission and distribution utility pose hazards to employees of Additionally, a contract employee who
installations, the same requirements on the duties contractors working on those facilities. is not familiar with the utility’s
of host and contract employers are being proposed For example, overhead electric power procedures for reenergizing lines and
in § 1910.269, which applies to the maintenance
and operation of electric power generation
transmission and distribution lines and equipment might inadvertently remove
installations in addition to transmission and equipment owned by electric utilities a tag protecting an electric utility
distribution installations. pose serious fall, electrocution, and employee.
Although electric utility employees employee safety and whether any of the who are not performing any covered
do not typically work with contract provisions in that paragraph could work.
employees, sometimes they do work reasonably be applied to such Sometimes the host employer is aware
together. For example, it is common employers. of hazards that are present at its
practice for contract employees and OSHA is also not proposing to extend facilities of which the contractor might
electric utility employees to work side- the host-contract employer provisions to not be aware. For example, what
by-side during emergency restoration line-clearance tree-trimming contractors appeared to be a static line on one
operations, such as those that follow a for work performed by line-clearance electric utility’s transmission system
big storm. Additionally, contractors in tree trimmers who are not qualified was energized at 4,000 volts. Static lines
electric power generation plants will be employees. Existing are typically grounded. An employee of
working near employees working full § 1910.269(a)(1)(i)(E) lists the a contractor, perhaps not understanding
time in the plant. paragraphs that apply to line-clearance that the line was energized, contacted
It is clear from these examples that tree-trimming, and OSHA is not the static line and was electrocuted.
electric utility employers and contract proposing to add the host-contract Paragraph (c)(1)(i) of proposed
employers must cooperate and employer provisions to that list. As § 1926.950 would address this problem
communicate if all employees noted earlier, the fatality rate for line- by requiring the host employer to
maintaining or constructing electric clearance tree-trimming contractors is inform contract employers of any
power generation, transmission, or lower than the rate for utilities. Thus, it known hazards that the contractor or its
distribution facilities are to be appears that though line-clearance tree- employees might fail to recognize. This
adequately protected. Thus, OSHA is provision should ensure that the
trimming operations are relatively
proposing requirements in § 1926.950 contractor will be able to take measures
hazardous, they are still safer than
for each type of employer to ensure the to protect its employees from hazards
power line construction, repair, and
necessary exchange of information posed by the host employer’s
maintenance. On the other hand, if a
between electric utility and contract workplace. Although this provision
line-clearance tree-trimming operation
employers. The proposed requirements would not require the host employer to
is performed by a qualified employee,
have been taken from similar provisions inform the contract employer of hazards
then the host-contract employer
in the Agency’s standard for Process the contract employees should be
provisions would apply. (See existing
Safety Management, § 1910.119(h). expected to recognize, such as hazards
Paragraph (c)(1) of proposed § 1910.269(a)(1)(i)(E)(1).) As long as they
posed by an overhead power line, the
§ 1926.950 would impose duties on host are using electrical protective proposal would require the host
employers that hire contractors to equipment, these employees are employer to inform the contract
perform work on the host employer’s permitted to come much closer to employer of known hazards the
installations covered by Subpart V. Host energized parts than unqualified contractor might not be aware of. For
employer is defined as ‘‘[a]n employer employees, and the Agency believes that example, if a host employer knows that
who operates and maintains an electric these employees face hazards similar to a particular manhole on its system is
power transmission or distribution contract power line workers.16 OSHA subject to periodic contamination from
installation covered by Subpart V of this requests comments on whether a nearby fuel tank, that information
Part and who hires a contract employer excluding line-clearance tree-trimming must be relayed to the contractor.
to perform work on that installation.’’ contractors from the host-contract Proposed paragraph (c)(1)(i) also
This definition includes electric utilities employer provisions proposed in covers information that a contract
and other employers who operate and § 1926.950(c)(1) unduly jeopardizes employer would need to make any
maintain an electric power transmission employee safety and whether any of the hazard assessments called for under the
or distribution installation. However, it provisions in that paragraph could proposed standard. For example,
does not include an employer who owns reasonably be applied to such proposed § 1926.950(d) would require
but does not operate and maintain such employers. employers to determine existing
installations. The Agency believes that Contract employer is defined as ‘‘[a]n conditions related to the safety of the
host employers who operate and employer who performs work covered work being performed before work is
maintain their electric power by Subpart V of this Part for a host started. Under paragraph (c)(1)(ii), the
transmission and distribution employer.’’ This includes painting host employer would have to provide
installations have expertise in working contractors, line construction any system parameters that the contract
safely on such installations. On the contractors, electrical contractors, and employer would need to satisfy
other hand, some entities may own but any other contractors working on the paragraph (d). These parameters could
not operate or maintain these construction of electric power include such things as the nominal
installations. These entities generally do transmission and distribution lines.17 It circuit voltage, maximum switching
not have the expertise necessary to work does not include contractors who might transient voltages, and the presence of
safely on transmission or distribution be present at a jobsite where some work any utility poles known by the host
lines and equipment and would have performed is covered by Subpart V, but employer to have defects that could
little hazard-related knowledge to pass affect employee safety. This is the type
on to contractors. In addition, the 16 For a full discussion of why existing § 1910.269 of information that could affect the
employees of such entities would have applies different requirements to line-clearance contractor’s choice of work practices or
little if any exposure to hazards created tree-trimming operations depending on whether or could otherwise affect the safety of the
not the operation is performed by a qualified
by a contract employer. Therefore, employee, see the preamble to the final rule on
contractor’s employees. In addition, the
OSHA is proposing to exclude such electric power generation, transmission, and contract employer would otherwise
entities from having to comply with distribution work (January 31, 1994, 59 FR 4336). have difficulty obtaining much of this
proposed § 1926.950(c)(1). The Agency 17 For § 1910.269, this definition also includes
information, if it could be obtained at
invites comments on whether excluding contractors working on an electric power generation all.
installation covered by that section. This would
such employers from the host-contract include boiler maintenance contractors, conveyor
Proposed paragraph (c)(1)(i) would
employer provisions proposed in servicing contractors, electrical contractors, and not require the host employer to survey
§ 1926.950(c)(1) unduly jeopardizes others. the contract work areas for hazards. For
example, this provision does not require provided by the host employer is do not significantly affect employee
the host employer to inspect utility essential to the safety of employees safety and examples of such work rules.
poles for damage or defects before the performing the work, especially because Proposed paragraph (c)(2)(iii) would
contract employer starts working. The it includes information on hazards that require the contract employer to advise
proposed rule would require instead the contract employees might not the host employer of: unique hazards
that the host employer provide all recognize. The contract employer would posed by the contract employer’s work;
relevant and known information to the also be required, under proposed any unexpected hazards found while
contract employer. This paragraph does § 1926.950(b)(1)(ii), to train employees the contractor’s employees were
not require host employers to acquire in work practices for their safety, as working; and the measures the contract
additional unknown information but related to those hazards. employer took to correct host-employer-
does require host employers to provide Proposed paragraph (c)(2)(ii) would reported violations and to prevent them
any information that was known by the require the contract employer to ensure from recurring. This provision enables
host employer. that its employees follow the work the host employer to take any necessary
Proposed paragraph (c)(1)(ii) would practices required by the standard and measures to protect its employees from
require the host employer to report the safety-related work rules imposed by hazards of which the host employer
observed contract-employer-related the host employer. This proposed would not otherwise be aware. This will
violations of Subpart V to the contract paragraph: (1) Recognizes that the help protect the host employer’s
employer. OSHA believes that host contract employer has the responsibility employees when they are working near
employers as a matter of course observe for the actions of its employees, and (2) the contractor’s employees (for example,
employees of the contract employer, compels the contract employer to when responding to an emergency) and
from time to time, as they perform work enforce compliance with safety and when the host employer’s employees
under the contract. When the host health rules imposed by the host work on the same equipment after the
employer observes contract employees employer as if they were requirements contract employer departs. It will also
violating this standard, it is important of the standard. The latter is particularly provide essential feedback to the host
for the host employer to inform the important. If the host employer has employer on the safety performance of
contract employer so that the contractor imposed safety-related work rules on its their contract employers. This feedback
can correct the violations and prevent contractors, those rules are almost will also help host employers satisfy
them from occurring in the future. The certain to impact the safety and health their obligations under the Agency’s
contract employer is responsible for of employees of the host and contract
multiemployer enforcement policy (CPL
correcting these violations, but may not 02–00–124).
employers. For example, electric
be aware of them. Thus, the proposal OSHA’s recognition of the need for
utilities typically require contractors to employers on multiemployer worksites
would require the host employer to
follow the utilities’ procedures for to share responsibility for workplace
report violations to the contract
deenergizing electric circuits. If the safety and health is reflected in the
employer so that the contract employer
contract employer’s employees do not Agency’s multiemployer enforcement
will know to take corrective action.
Contracts between electric utilities follow these procedures, a circuit the policy. On multiemployer worksites,
and their contractors typically contain contractor’s employees are working on citations are normally issued not only to
provisions requiring contractors to meet might not be properly deenergized or a the employer whose employees are
OSHA standards and other provisions circuit the contractor was not working exposed to hazards (the exposing
addressing noncompliance with the on might become reenergized. These employer) but, depending on the actions
terms of the contract. OSHA believes hazards could cause the electrocution of the employer has taken to detect
that host employers should take the employees of either employer. violations and protect employees, also
appropriate measures to enforce the OSHA invites comments on whether to:
terms of the contract with respect to safe requiring a contractor to follow a host (1) The employer who creates the
work practices and get the contractor to employer’s safety-related work rules hazard (the creating employer);
fix any uncorrected violations. OSHA could possibly make the work more (2) The employer who has the
also believes that host employers should hazardous and, if so, how the standard authority, by contract or practice, to
carefully review the contracts of should address this possibility. ensure that the hazardous condition is
contractors who fail to correct violations Even work rules imposed primarily corrected (the controlling employer);
before renewing those contracts. The for reasons other than employee safety and
Agency requests comments on whether and health are likely to affect employee (3) The employer who has the
the standard should require these or safety in one way or another. Work rules responsibility for correcting the hazard
other actions on the part of the host that address the way electric equipment (the correcting employer).
employer to promote compliance with is installed, for example, also affect the OSHA’s proposed requirements
OSHA standards. safety of the host employer’s employees. concerning host employers and
Proposed paragraph (c)(2) addresses If the equipment is installed improperly, contractors do not affect the Agency’s
the responsibilities of the contract it can fail when it is in use, possibly long-standing multiemployer
employer. Paragraph (c)(2)(i) would injuring an employee. Similarly, work enforcement policy. Neither
require the contract employer to instruct rules imposed primarily for the § 1910.269(a)(4) nor § 1926.950(d)
its employees in the hazards protection of the public can also affect increase an employer’s obligations or
communicated to the contractor by the employee safety. For example, if a liability under that policy. Furthermore,
host employer. A note following this contractor’s employees do not follow a nothing in the proposed rule changes
paragraph indicates that this instruction rule that requires trailer loads to be tied OSHA’s position’as expressed in CPL
would be in addition to the training down, employees at the host employer’s 02–00–124 and various court cases (see,
provided under § 1926.950(b). Proposed facilities would be exposed to shifting for example, Anning-Johnson 94 O.S.H.
paragraph (c)(2)(i) would ensure that or falling loads in the same way that Cas. (BNA) 1193), Harvey Workover, Inc.
information on hazards the employees members of the public would be. OSHA (7 O.S.H. Cas. (BNA) 1687))–that each
might face is conveyed to those requests comments on whether host employer is responsible for the health
employees. The hazard information employers impose any work rules that and safety of his or her own employees,
and under certain circumstances may be paragraph would affect the application equipment, electric power transmission
cited for endangering the safety of of various requirements contained and distribution workers suffer
another’s employees. Because the within Subpart V. For example, the electrocution on the job. Many electric
proposed requirements will help voltage on equipment will determine shock victims suffer ventricular
increase communication between host the minimum approach distances fibrillation. Ventricular fibrillation is an
employers and contractors about known required under proposed abnormal, chaotic heart rhythm that
hazards, however, the proposed § 1926.960(c)(1). Similarly, the presence prevents the heart from pumping blood
requirements may help employers on or absence of an equipment grounding and, if unchecked, leads to death.
multiemployer worksites meet their conductor will affect the work practices Cardiopulmonary resuscitation (CPR) is
obligations under CPL 02–00–124, as required under proposed § 1926.960(j). necessary in the event of electric shock
noted earlier. In determining who to If conditions to which no specific so that injured employees can be
hold responsible under its Subpart V provision applies are found, revived. CPR must be started within 4
multiemployer enforcement policy, then the employee would be trained, as minutes to be effective in reviving an
OSHA will look at who created the required by proposed employee whose heart has gone into
hazard, who controlled the hazard, and § 1926.950(b)(1)(ii), to use appropriate fibrillation.
whether all reasonable means were safe work practices. To protect employees performing
taken to deal with the hazard. OSHA does not intend to require work on or associated with exposed
OSHA is not proposing to require the employers to take measurements on a lines or equipment energized at 50 volts
host employer to evaluate contract routine basis in order to make the or more, OSHA is proposing to require
employers’ safety performance. determinations required by proposed employees with first aid and CPR
However, contract employers with poor § 1926.950(d). For example, knowledge training to be available to render
safety performances are likely to of the maximum transient voltage level assistance in an emergency. CPR
jeopardize not only their own is necessary to perform many routine training would be required for field
employees but employees of the host transmission and distribution line jobs crews of two or more employees (a
employer as well. Even when a host safely; however, no measurement is minimum of two trained employees)
employer hires a contractor to perform necessary in the determination of what and for fixed worksites (enough trained
jobs where employees of the host will the maximum level is. It can be employees to provide assistance within
not be present under normal determined by an analysis of the electric 4 minutes) in paragraphs (b)(1)(i) and
circumstances, employees of the host circuit, or the employer can assume the (b)(1)(ii), respectively.
employer will be present in some default maximum transient overvoltages Paragraph (b)(1)(i) would allow
circumstances, such as during quality as discussed under proposed employers to train all employees in CPR
control inspections, in the aftermath of § 1926.960(c)(1). Similarly, employers within 3 months of being hired in lieu
an accident, and during emergency can make determinations of the of having two CPR-trained persons on
restoration situations. In addition, the presence of hazardous induced voltages every field crew. If the employer chose
work performed by a contractor can and of the presence and condition of this alternative for field work, then only
affect the safety of employees of the host grounds without taking one CPR-trained employee would be
employer after the contractor is gone. measurements.18 required. In practice, crews with more
(For example, if the contractor fails to than one person would normally have
secure a crossarm to a utility pole Section 1926.951, Medical Services and two or more CPR-trained employees on
properly the crossarm could come down First Aid the crew, since all employees who had
while an employee of the host employer Section 1926.951 proposes been working for an employer more
is working on the pole.) Therefore, requirements for medical services and than 3 months would be trained.
OSHA requests comments on the need first aid. Paragraph (a) of § 1926.951 However, employers who rely on
to require host employers to evaluate emphasizes that the requirements of seasonal labor (for example, those hired
the safety performance of their § 1926.50 apply. (See § 1926.950(a)(2).) only in the summer months) might have
contractors. Existing section 1926.50 includes two-person crews with only one CPR-
Frequently, the conditions present at provisions for available medical trained employee for 3 months out of
a jobsite can expose employees to personnel, first aid training and every year. Worse, that trained
unexpected hazards. For example, the supplies, and facilities for drenching or employee would likely be the employee
grounding system available at an flushing of the eyes and body in the directly exposed to electrical hazards,
outdoor site could have been damaged event of exposure to corrosive materials. because new employees are typically
by the weather or by vehicular traffic, or Because of the hazard of electric hired as helpers working on the ground
communications cables in the vicinity shock when employees are performing away from most electrical hazards.
could reduce the approach distance to work on or with energized lines and OSHA requests comments on whether
an unacceptable level. To protect allowing employers the option of
employees from such adverse situations, 18 It may be necessary for measurements to be training all their employees in CPR if
the conditions present in the work area made if there is doubt as to the condition of a they are trained within 3 months of
should be known so that appropriate ground or the level of induced or transient voltage being hired is sufficiently protective.
and if the employer is relying on one of these
action can be taken. Paragraph (d) of conditions to meet other requirements in the The Agency also requests comments on
§ 1926.950 would address this problem standard. For example, an engineering analysis of how this provision could be revised to
by requiring conditions existing in the a particular installation might reveal that voltage minimize burdens on employers while
work area to be determined before work induced on a deenergized line is considerable, but providing adequate protection for
should not be dangerous. A measurement of the
is started. The language for this voltage is warranted if the employer is using this employees.
paragraph was based upon language in analysis as a basis for claiming that the provisions Someone must defibrillate a victim of
current § 1926.950(b)(1). A similar of proposed § 1926.964(b)(4) or hazardous induced ventricular fibrillation quickly to allow
requirement can be found in ANSI C2– voltage do not apply. In another case, further a normal heart rhythm to resume. The
investigation would be warranted if an equipment
2002 (the NESC), Section 420D. ground is found to be of questionable reliability,
sooner defibrillation is started, the
The conditions found as a result of unless the equipment is treated as energized under better the victim’s chances of survival.
compliance with this proposed proposed § 1926.960(j). If defibrillation is provided within the
first 5 minutes of the onset of live parts energized at 50 volts or more defibrillation, which is necessary to
ventricular fibrillation, the odds are (§§ 1910.303(g)(2)(i) and revive a victim who has suffered
about 50 percent that the victim will 1926.403(i)(2)(i)), and the general ventricular fibrillation. A device that
recover. However, with each passing industry electrical safety-related work enables a CPR-trained individual to
minute, the chance of successful practices standard requires electric perform defibrillation is now widely
resuscitation is reduced by 7 to 10 circuits to be deenergized starting at 50 available. This device is called an
percent. After 10 minutes, there is very volts or more if electric shock is the automated external defibrillator (AED).
little chance of successful rescue. only hazard (§ 1910.333(a)(1)). (See the Automated External
OSHA has chosen a 50 volts as a Similarly, the National Electrical Code Defibrillator FAQ.) OSHA requests
widely recognized threshold for and the National Electrical Safety Code public comments on whether the
hazardous electric shock. Although it is impose electrical safety requirements standard should require the employer to
theoretically possible to sustain a life- starting at 50 volts. provide AEDs and, if so, where they
threatening shock at this voltage, it is Paragraph (b)(1) of proposed
should be required. Commenters
considered extremely unlikely. In § 1926.951 would require CPR training
addition, other OSHA and national to ensure that electric shock victims recommending a requirement for AEDs
consensus standards recognize this 50- survive long enough for defibrillation to should submit information on costs,
volt threshold. For example, OSHA’s be efficacious. This paragraph would safety, and efficacy of and experience
general industry and construction allow the employer to rely on with these devices.
electrical standards require guarding of emergency responders to provide BILLING CODE 4510–26–P
EP15JN05.001</GPH>
EP15JN05.002</GPH>

EP15JN05.003</GPH>
OSHA has adopted guidelines for the When more than one employee is planning discussions would be required
evaluation of first aid training by involved, the job plan must be for work involving significant changes
competent professionals as well as by communicated to all the affected in routine (proposed paragraph (c)(2)).
compliance staff in the context of employees. If the job is planned but the For example, if the first two jobs of the
workplace inspections (OSHA plan is not discussed with the workers, day involve working on a deenergized
instruction CPL 02–02–053). Because one employee may perform his or her line and the third job involves working
these guidelines are already in place, duties out of order or may otherwise not on energized lines with live-line tools,
the Agency is not proposing coordinate activities with the rest of the separate briefings must be conducted for
requirements related to the content or crew, endangering the entire crew. each type of job.
adequacy of first aid or CPR training. Employers performing electric power Under proposed paragraph (d)(1), the
The Agency will continue to use the generation, transmission, and required briefing would normally
guidelines in CPL 02–02–053 to distribution work use job briefings consist of a concise discussion outlining
determine the adequacy of first aid before each job to plan the work and the tasks to be performed. However, if
training courses provided to employees. communicate the job plan to employees. the work is particularly hazardous or if
In § 1926.951(b)(2), OSHA is Therefore, OSHA is requiring a job the employees may not be able to
proposing that first aid supplies briefing before work is started. recognize the hazards involved, then a
required by § 1926.50(d) be placed in Paragraph (c) of existing § 1910.269 more thorough discussion would be
weatherproof containers if they could be contains a requirement for the employee required by paragraph (d)(2). With this
exposed to the weather. This provision in charge of the job to conduct the job provision, OSHA recognizes that
is intended to ensure that first aid briefing. OSHA has found in enforcing employees are familiar with the tasks
supplies do not get ruined by exposure this paragraph that some employers and hazards involved with routine
to the weather. were placing the entire burden of work. However, it is important to take
compliance with this rule on the part of the time to carefully discuss unusual
Paragraph (b)(3) of proposed
the employee in charge of the work, work situations that may pose
§ 1926.951 would require first aid kits to
whether or not that employee was a additional or different hazards to
be maintained ready for use and
supervisor. Therefore, the Agency is workers. (See also the preamble
inspected frequently enough to ensure
proposing, in § 1926.952(a)(1), that the discussion of § 1926.950(b)(4).) OSHA
that expended items are replaced. In any
employer provide the employee in has included a note following this
event, they would have to be inspected
charge of a job with available paragraph to clarify that, regardless of
at least once a year. OSHA is proposing
information necessary to perform the job how short the discussion is, the briefing
this provision to ensure that first aid
safely. The note following this provision must still touch on all the topics listed
kits are maintained with all of the
indicates that the information provided in paragraph (b).
proper equipment. by the employer is intended to OSHA recognizes the importance of
Section 1926.952, Job Briefing supplement the training requirements of job planning for all employees.
§ 1926.950(b) and is likely to be more Although work procedure discussions
In § 1926.952, OSHA is proposing a general in nature than the job briefing would not have relevance for an
requirement for a job briefing to be provided by the employee in charge. employee working alone, the Agency
conducted before each job. This section, The note also clarifies that information does not believe that an employee who
which has no counterpart in existing covering all jobs for a day may be labors alone needs to plan his or her
Subpart V, is based upon § 1910.269(c). disseminated at the beginning of the tasks any less than one who is assisting
Most of the work performed under the day. The information does not need to others. OSHA is aware of several
proposal requires planning in order to be provided at the start of each job. fatalities involving a lone employee who
ensure employee safety (as well as to OSHA understands that some employers could have benefitted from better job
protect equipment and the general assign jobs through a dispatcher, who planning or perhaps a briefing with the
public). Typically, electric power does not have the knowledge necessary supervisor before the job started.
transmission and distribution work to provide a job briefing. The Agency Therefore, OSHA has included a
exposes employees to the hazards of thus invites comments on the requirement in proposed paragraph (e)
exposed conductors energized at appropriateness of this requirement and for job planning for these employees.
thousands of volts. If the work is not welcomes suggested alternative ways of
thoroughly planned ahead of time, the Section 1926.953, Enclosed Spaces
requiring the employer to impart
possibility of human error is increased relevant knowledge about hazards The requirements being proposed in
greatly. To avoid problems, the task relating to specific assignments in the § 1926.953 have been taken from
sequence is prescribed before work is job briefing process. § 1910.269(e). Paragraph (e) of
started. For example, before climbing a Paragraph (a)(2) contains the § 1910.269 applies to maintenance work
pole, the employee must determine if proposed requirement for the employee performed in enclosed spaces, and
the pole is capable of remaining in place in charge of the job to conduct a job OSHA believes that the requirements for
and if minimum approach distances are briefing. Proposed paragraph (b) would performing construction work in these
sufficient, and he or she must determine require the briefing to cover: hazards spaces should be the same.
what tools will be needed and what and work procedures involved, special Section 1926.953 contains
procedure should be used for precautions, energy source controls, and requirements for entry into and work in
performing the job. Without job requirements for personal protective enclosed spaces. An ‘‘enclosed space’’ is
planning, the worker may not know or equipment. These two requirements defined to be a space that has a limited
recognize the minimum approach have been taken from the introductory means of entry or egress, that is
distance requirements or may have to text of § 1910.269(c). designed for periodic entry by
reclimb the pole to retrieve a forgotten Under proposed paragraph (c)(1), at employees under normal operating
tool or perform an overlooked task, least one briefing would be required conditions, and that is not expected to
resulting in increased exposure to the before the start of each shift. Only one contain a hazardous atmosphere, but
hazards of falling and contact with briefing in a shift is needed if all the may contain one under unusual
energized lines. jobs are similar in nature. Additional conditions. In this section, OSHA
intends to cover only the types of (2) Has limited or restricted means for work covered by § 1926.953 occurs19).20
enclosed spaces that are routinely entry or exit (for example, tanks, Underground repair crews, in which
entered by employees engaged in vessels, silos, storage bins, hoppers, these employees work, can typically
electric power transmission and vaults, and pits are spaces that may expect to enter a manhole once or twice
distribution work and that are unique to have limited means of entry.); and a day.21 The enclosed space entry
underground utility work. Work in these (3) Is not designed for continuous procedure addressed by § 1926.953 is a
spaces is part of the day-to-day activities employee occupancy. day-to-day part of the routine of these
performed by employees protected by Permit-required confined space workers. This type of work is unique to
this standard. Enclosed spaces include (permit space) means a confined space underground utilities (such as electric,
manholes and vaults that provide that has one or more of the following telephone, and water utilities), and the
employees access to electric power characteristics: hazards presented by these spaces are
transmission and distribution (1) Contains or has a potential to widely recognized by these industries
equipment. For reasons explained later, contain a hazardous atmosphere; and their workers. Indeed, OSHA
this section does not address other types (2) Contains a material that has the recognized this in promulgating
of confined spaces, such as boilers, potential for engulfing an entrant; § 1910.269 (January 31, 1994, 59 FR
tanks, and coal bunkers, that are (3) Has an internal configuration such 4366).
common to other industries as well. that an entrant could be trapped or Additionally, the hazards posed by
These locations are addressed in asphyxiated by inwardly converging the enclosed spaces covered in
OSHA’s generic permit-required walls or by a floor which slopes § 1926.953 are generally much more
confined space standard, § 1910.146, downward and tapers to a smaller cross- limited than the hazards posed by
which applies to all of general industry, section; or permit spaces addressed in § 1910.146
including industries engaged in electric (4) Contains any other recognized or in proposed § 1926.33. By definition,
power generation, transmission, and serious safety or health hazard. ‘‘enclosed spaces’’ are designed for
distribution work. OSHA is also The permit-required confined space employee occupancy during normal
developing a standard for confined standard requires employers to operating conditions. Electrical and
space entry during construction work implement a comprehensive confined other energy systems would not have to
(RIN 1218–AB47). space entry program. This standard be shut down, nor would the space have
Proposed § 1926.953 would apply to covers the wide range of permit- to be drained of liquids for the
‘‘enclosed spaces.’’ By definition, an required confined spaces encountered employee to enter the space safely. On
enclosed space would be a permit- throughout general industry. Because the other hand, other ‘‘permit-required
required confined space under the hazards posed by these spaces vary confined spaces,’’ such as boilers, fuel
§ 1926.146. An enclosed space meets the so greatly, § 1910.146 requires tanks, and transformer and circuit
definition of a confined space—it is employers to implement a permit breaker cases, are not designed for
large enough for an employee to enter; system for entry into them. The permit employee occupancy and require energy
it has a limited means of access or system must spell out the steps to be sources to be isolated and fluids to be
egress; it is designed for periodic, rather taken to make the space safe for entry drained from the space before an
than continuous, employee occupancy and must include provisions for employee can safely enter.
under normal operating conditions. An attendants stationed outside the spaces The hazards posed by enclosed spaces
enclosed space also meets the definition and for rescue of entrants, who could be consist of (1) limited access and egress,
of a permit space—although it is not (2) possible lack of oxygen, (3) possible
disabled inside the space. However, an
expected to contain a hazardous presence of flammable gases, and (4)
employer need not follow the permit-
atmosphere, it has the potential to possible presence of limited amounts of
entry requirements of § 1910.146 for
contain one. toxic chemicals. The potential
In the preamble to the permit-required spaces where the hazards have been
completely eliminated or for spaces atmospheric hazards are caused by an
confined spaces standard, OSHA enclosed space’s lack of adequate
acknowledged that ‘‘the practices where an alternative set of procedures
are observed. The alternative procedures ventilation and can normally be
necessary to make confined spaces that controlled through the use of
merely have the potential to contain apply only where the space can be made
safe for entry through the use of continuous forced air ventilation alone.
hazardous atmospheres (as opposed to Practices to control these hazards are
one that contains a hazardous continuous forced air ventilation alone.
The procedures, which are set forth in widely recognized and are currently in
atmosphere under normal operating use in electric, telecommunications, and
conditions) safe are widely recognized § 1910.146(c)(5)(ii), ensure that
conditions within the permit space do other underground utility industries.
and used throughout various industries Such practices include testing for the
[58 FR 4486].’’ The Agency recognized not endanger an entrant’s life or ability
to rescue himself or herself. presence of flammable gases and vapors,
the electric power generation, testing for oxygen deficiency,
transmission, and distribution industry OSHA believes that § 1910.146 is the
proper place to regulate permit-required ventilation of the enclosed space,
as one of those industries (January 31, controls on the use of open flames, and
1994, 58 FR 4489). confined spaces other than enclosed
spaces. The enclosed space the use of an attendant outside the
Section 1910.146 contains
requirements of the proposed rule are space. These practices are already
requirements that address hazards
associated with entry into ‘‘permit- intended to regulate a portion of electric
19 Work in these spaces can be either maintenance
required confined spaces’’ (permit power transmission and distribution
work covered by Part 1910 or construction work
spaces). Section 1910.146 defines work that is routine and presents covered by Part 1926. In fact, it is likely that both
‘‘confined space’’ and ‘‘permit-required limited hazards to the qualified types of work are performed periodically over the
confined space’’ as follows: employees covered by Subpart V who course of time.
Confined space means a space that: are performing that work. An estimated 20 ERG, ‘‘Preparation of an Economic Impact
14,350 employees are engaged in Study for the Proposed OSHA Regulation Covering
(1) Is large enough and so configured Electric Power Generation, Transmission, and
that an employee can bodily enter and underground transmission and Distribution,’’ p. 8–8.
perform assigned work; and distribution work (where most of the 21 Id., p. 8–21.
required by § 1910.269(e) for the with the specific regulations contained Proposed paragraph (f) would require
maintenance of electric power in paragraphs (e) through (o) and must that openings to enclosed spaces be
generation, transmission, and include safe rescue procedures. guarded to protect employees from
distribution installations. Section Proposed paragraph (c) would require falling into the space and to protect
1910.146, itself, recognizes permit employees who enter enclosed spaces or employees in the enclosed space from
spaces that are equivalent to enclosed who serve as attendants to be trained in being injured by objects entering the
spaces and sets separate provisions, hazards associated with enclosed space space. The guard could be in the form
similar to those contained in proposed entry, in the entry procedures, and in of a railing, a temporary cover, or any
§ 1926.953, for those spaces. rescue procedures. This training will other temporary barrier that provides
Proposed paragraph (a) contains the ensure that employees are trained to the required protection.
scope of the enclosed space provisions. work safely in enclosed spaces and that Proposed paragraph (g) would
As previously noted, enclosed spaces they will be prepared in the event that prohibit employees from entering
are defined as spaces that have limited an emergency arises within the space. enclosed spaces that contain a
means of entry or egress, that are OSHA believes that there is a need for hazardous atmosphere. Once the
designed for periodic entry by rescue equipment to be available in the hazardous atmosphere is removed (for
employees under normal operating event that an injured employee must be example, by ventilating the enclosed
conditions, and that are not expected to retrieved from the enclosed space. The space), employees would be allowed to
contain hazardous atmospheres but may Agency has decided to adopt a enter. If an entry is to be made while a
contain them under unusual conditions. performance approach here and is hazardous atmosphere is present, the
These spaces include manholes and proposing, in paragraph (d), that the entry is required to conform to the
unvented vaults. This paragraph also employer provide equipment that will generic permit-required confined spaces
notes (1) that § 1926.953 applies to assure the prompt and safe rescue of standard, § 1910.146. The use of the
routine entry into enclosed spaces in injured employees. The equipment must term ‘‘entry’’ in this paragraph of
lieu of the permit-space entry enable a rescuer to remove an injured § 1926.953 is consistent with the use of
requirements of § 1910.146, and (2) that employee from the enclosed space that term in § 1910.146, and OSHA is
the generic permit-required confined proposing to include the § 1910.146
quickly and without injury to the
spaces standard, § 1910.146, applies to definition of ‘‘entry’’ in Subpart V.
rescuer or further harm to the fallen
entries into enclosed spaces where the
employee. A harness, a lifeline, and a Proposed paragraph (h) addresses the
precautions taken under §§ 1926.953
self-supporting winch can normally be use of an attendant outside the enclosed
and 1926.965 do not protect entrants.
The ventilation in vented vaults used in this manner. space to provide assistance in an
prevents a hazardous atmosphere from Some conditions within an enclosed emergency. An attendant would be
accumulating, so vented vaults are space, such as high temperature and required if a hazard exists because of
proposed to be excluded from coverage. high pressure, make it hazardous to traffic patterns near the opening. The
However, the intake or exhaust of a remove any cover from the space. For purpose of the attendant would be to
vented vault could be clogged, limiting example, if high pressure is present protect the entrant from traffic hazards
the flow of air through the vaults. The within the space, the cover could be while the entrant is entering or exiting
employee in such cases would be blown off in the process of removing it. the space and to provide assistance in
exposed to the same hazards as those To protect employees from such an emergency. However, the attendant
presented by unvented vaults. hazards, proposed paragraph (e) would would not be precluded from
Additionally, the mechanical require a determination of whether or performing other duties outside the
ventilation for a vault may fail to not it is safe to remove the cover. This enclosed space, as long as those duties
operate. To ensure that the employee is determination may take the form of a do not interfere with the person’s
protected from the hazards posed by quick check of the conditions expected function as an attendant. The attendant
lack of proper ventilation, the proposed to be in the enclosed space. For would be required to have the first aid
rule exempts vented vaults only if a example, the cover could be checked to training required under § 1926.951(b)(1).
determination is made that the see if it is hot and, if it is fastened in This proposed provision would
ventilation is in full operating place, could be loosened gradually to require the attendant to remain outside
condition. The determination must release any residual pressure. An the enclosed space during the entire
ensure that ventilation openings are evaluation must also be made of entry procedure. The intent of this
clear and that any permanently installed whether conditions at the site could paragraph is to require the presence of
mechanical ventilating equipment is in cause a hazardous atmosphere to a person with first aid training outside
proper working order. accumulate in the space. Any the enclosed space if a hazard exists due
Some employers may want to comply conditions making it unsafe for to traffic patterns outside the space. If
with § 1910.146 for entry into enclosed employees to remove the cover are this person were to enter the enclosed
spaces falling under § 1926.953. Because required to be eliminated (that is, space, he or she might be unable to
the provisions of § 1910.146 protect reduced to the extent that it is no longer assist the employee already within the
employees entering enclosed spaces to unsafe). This provision is intended to space. For example, if traffic hazards are
the same degree as § 1926.953, OSHA require a check of whether the cover is present in the area of the opening to the
will accept compliance with § 1910.146 hot, a determination of whether there enclosed space and if the attendant
as meeting the enclosed space entry were conditions in the area conducive entered the space, then both the
requirements of § 1926.953. A note to to the formation of a hazardous attendant and the workers he or she is
this effect has been included atmosphere within the enclosed space, intended to protect would be vulnerable
immediately following paragraph (a). and a check (typically by means of upon leaving. No one would be present
Paragraph (b) proposes the general loosening the cover slightly) of whether to minimize or control the traffic
requirement that employers ensure the there was a hazardous pressure hazards. Therefore, the proposed rule
use of safe work practices by their differential between the two sides of the explicitly states that the attendant is
employees. These safe work practices cover. A note to this effect is included required to remain outside the enclosed
must include procedures for complying following proposed paragraph (e). space.
On the other hand, if no traffic provided before employees are allowed dependent on speculation by a
hazards are present, an attendant would to enter the space.) supervisor or an employee.
still be required under proposed Proposed paragraph (k) would require Paragraph (m) would also require the
§ 1926.965(d) while work is being the internal atmosphere of the enclosed air provided by the ventilating
performed in a manhole or vault space to be tested for flammable gases equipment to be directed at the area
containing energized conductors. The and vapors. The results of the test must within the enclosed space where
major, though not the only, hazard in indicate that the atmosphere is safe employees are at work. The forced air
this case is that of electric shock. before employees can enter. So that the ventilation would be required to be
Assistance can be provided to a victim results are accurate and are relevant to maintained the entire time the
of electric shock by another person in the atmosphere in the space at the time employees are present within the space.
the manhole or vault. Therefore, the of employee entry, testing is required to These provisions would ensure that a
provisions of § 1926.965(d)(2) would be performed with a direct reading hazardous atmosphere does not reoccur
permit the attendant required under that meter or similar instrument. Test where employees are working.
paragraph to enter the manhole or vault equipment that samples the atmosphere In order to ensure that the air
for brief periods of time in so that the samples can be forwarded to supplied by the ventilating equipment
nonemergency conditions when no a laboratory for analysis does not meet will provide a safe atmosphere,
traffic hazards are present. the requirements of this paragraph. The proposed paragraph (n) would require
Proposed paragraph (i) would require flammability test must be undertaken the air supply to be from a clean source
test instruments used to monitor after the steps taken under paragraph (j) and would prohibit it from increasing
atmospheres in enclosed spaces to be ensure that the enclosed space has the hazards in the enclosed space. For
kept in calibration, with a minimum sufficient oxygen for accurate results. example, positioning the air intake for
accuracy of ±10 percent. This will If flammable gases or vapors are the ventilating equipment near the
ensure that test measurements are detected or if an oxygen deficiency is exhaust from a gasoline or diesel engine
accurate so that hazardous conditions found, proposed paragraph (l) would would contaminate the atmosphere in
will be detected when they arise. OSHA require the employer to provide forced the enclosed space. This practice would
considers ±10 percent to be the air ventilation to assure safe levels of not be allowed under the proposal.
minimum accuracy needed to detect oxygen and to prevent a hazardous The use of open flames in enclosed
hazardous conditions reliably. However, concentration of flammable gases or spaces is safe only when flammable
because proposed paragraph (i) would vapors from accumulating. As an gases or vapors are not present in
require the test instrument to be kept in alternative, an employer could use a hazardous quantities. For this reason,
calibration at all times, a higher continuous monitoring system that proposed paragraph (o) would require
accuracy might be necessary to keep the ensures that no hazardous atmosphere additional testing for flammable gases
test instrument in calibration. develops and no increase in flammable and vapors if open flames are to be used
As noted earlier, because of the lack gas or vapor concentration occurs. The in enclosed spaces. The tests would
of adequate ventilation, enclosed spaces definition of hazardous atmosphere have to be performed immediately
can accumulate hazardous contains guidelines for the before the open flame device is used
concentrations of flammable gases and determination of whether or not the and at least once per hour while the
vapors, or an oxygen deficient concentration of a substance is at a device is in use. More frequent testing
atmosphere could develop. It is hazardous level. OSHA is including a would be required if conditions indicate
important to keep concentrations of note to this effect after paragraph (l). An the need for it. Examples of such
oxygen and flammable gases and vapors identical note appears after paragraph conditions include the presence of
at safe levels; otherwise, an explosion (o). volatile flammable liquids in the
could occur while employees are in the Paragraph (m) proposes specific enclosed space and a history of
space, or an oxygen deficiency could requirements for the ventilation of hazardous quantities of flammable
lead to the suffocation of an employee. enclosed spaces. When forced air vapors or gases in a given space.
Toward these ends, paragraphs (j), (k), ventilation is used, it is required to be
maintained before entry for a period of Section 1926.954, Personal Protective
(l), (m), (n), and (o) address the testing Equipment
of the atmosphere in the space and time long enough to purge the
atmosphere within the space of Section 1926.954 proposes
ventilation of the space.
Proposed paragraph (j) would require hazardous amounts of flammable gases requirements for personal protective
the atmosphere in an enclosed space to and vapors and long enough to supply equipment (PPE), which includes eye
be tested for oxygen and would require an adequate concentration of oxygen. and face protection, respiratory
that the testing be done with a direct- After the ventilation has been protection, head protection, foot
reading meter or similar instrument. maintained for this amount of time, protection, protective clothing,
However, continuous forced air employees can then safely enter the electrical protective equipment, and
ventilation is permitted as an alternative space. personal fall protection equipment. In
to testing. Such ventilation would OSHA has decided not to specify a accordance with § 1926.950(a)(2),
ensure that there is sufficient oxygen 22 minimum number of air changes before paragraph (a) of proposed § 1926.954
employee entry into the enclosed space emphasizes that the requirements of
in the enclosed space. (See also
is permitted. Instead, the Agency places Subpart E of Part 1926 apply.
paragraph (m) for requirements relating
the burden on the employer to ensure Paragraph (b) proposes requirements
to the length of time ventilation must be
that the atmosphere is safe before entry. for personal fall protection systems. In
22 The definition of ‘‘hazardous atmosphere’’ The employer can discharge this duty paragraph (b)(1), OSHA is proposing
determines what concentractions of oxygen are either by testing to determine the safety that personal fall arrest systems meet
considered hazardous. (See the discussion of this of the atmosphere in the space or by a the design, care, and use requirements
term under the summary and explanation of thorough evaluation of the air flow of Subpart M of Part 1926. The note
§ 1926.968 later in this preamble.) Paragraph (g) of
proposed § 1926.953 would prohibit entry into an
required to make the atmosphere safe. In following proposed paragraph (b)(1)
enclosed space while a hazardous atmosphere is this way, the safety of employees indicates that this provision applies to
present. working in enclosed spaces will not be all personal fall arrest systems used in
work covered by Subpart V. Thus, even equipment in the maintenance and several manufacturers market
if another construction standard construction of electric power combination body harness-body belts,
requires the use of fall protection transmission and distribution which can be used as fall arrest systems
equipment, § 1926.954(b)(1) would installations. However, fall arrest by employees working on horizontal
require a personal fall arrest system to equipment and work positioning surfaces or as work positioning systems
meet Subpart M when that form of fall equipment present significant supporting employees working on
protection is selected for use in work differences in the way they are used and vertical surfaces. OSHA requests
covered by Subpart V. in the forces placed on an employee’s comments on whether or not there are
For example, § 1926.453(b)(2)(v) body. With fall arrest equipment, an unique situations in electric power
requires employees working from aerial employee is given freedom of movement transmission and distribution work that
lifts to wear a body belt with a lanyard within an area restricted by the length warrant different requirements than
attached to the boom or basket. Section of the lanyard or other device those contained in existing Subpart M
1926.453 sets the duty to provide fall connecting the employee to the or in this proposal. Information is also
protection but does not set criteria for anchorage. In contrast, work positioning requested on how any suggested
the fall protection equipment to meet. equipment is used to support an changes will protect employees in an
Because the note following proposed employee in position while he or she equivalent manner.
§ 1926.954(b)(1) would require fall works. The employee ‘‘leans’’ into this Proposed paragraph (b)(2) has been
arrest systems to meet Subpart M of Part equipment so that he or she can work taken from existing § 1926.959 and from
1926 and because Subpart M prohibits with both hands free. If a fall occurs ASTM F887–04, Standard
the use of body belts in fall arrest while an employee is wearing fall arrest Specifications for Personal Climbing
systems, a body belt worn by an equipment, the employee will free fall Equipment, which is the latest edition of
employee performing electric power up to 1.8 meters (6 feet) before the slack the national consensus standard
transmission or distribution work from is removed and the equipment begins to applicable to work positioning
an aerial lift could only be used as part arrest the fall. In this case, the fall arrest equipment. As in the proposed standard
of a restraint or tethering system, which forces can be very high, and they need on electrical protective equipment
would prevent the employee from to be spread over a relatively large area (§ 1926.97) discussed earlier in this
falling.23 (See the note following of the body to avoid injury to the preamble, OSHA is proposing
§ 1926.453(b)(2)(v).) employee. Additionally, the velocity at requirements derived from the ASTM
The hazards of using a body belt as which an employee falls can reach up standard but written in performance-
part of a fall arrest system are widely to 6.1 meters per second (20 feet per oriented terms. Detailed specifications
known and documented (54 FR 31449– second). Work positioning equipment is contained in the ASTM standard, which
31450; 59 FR 40703). Since the fall normally used to prevent a fall from do not directly impact the safety of
arrest forces are more concentrated for occurring in the first place. If the employees, have not been proposed.
a body belt in comparison to a body employee does slip and if the work The Agency believes that this will retain
harness, the risk of injury in a fall is positioning equipment is anchored, the the protection afforded by the ASTM
much greater with a body belt. In employee will only fall a short distance standard, but will allow flexibility in
addition, an employee can fall out of a (no more than 610 millimeters (2 feet)). meeting the OSHA standard and will
body belt in a fall. Lastly, an employee This limits the forces on the employee accommodate changes in the ASTM
faces an unacceptable risk of further and the maximum velocity. standard without corresponding
injury while suspended in a body belt Additionally, because of the way the changes in the OSHA standard.
as he or she awaits rescue. Because of equipment is used, the employee should Differences between the proposal and
these hazards, paragraph (d) of not be free falling. Instead, the work existing § 1926.959 are explained in the
§ 1926.502, which sets requirements for positioning equipment will be exerting following discussion of paragraph (b)(2).
some force on the employee to stop the While the ASTM standard does not
personal fall arrest equipment in
fall. This will further limit the cover lanyards, proposed paragraph
construction, has prohibited body belts
maximum force and velocity. (b)(2) would apply many of the ASTM
from use in a personal fall arrest system
OSHA recognized the differences requirements to lanyards. Existing
since January 1, 1998; body harnesses
between the two types of equipment in § 1926.959 imposes the same basic
must be used instead.
Subpart M, Fall Protection for requirements on lanyards, and OSHA
In paragraph (b)(2), OSHA is
Construction. In this standard the two believes that lanyards used as work
proposing revised requirements for
types of equipment are regulated positioning equipment for electric
work positioning equipment. Section
separately, and different requirements power transmission and distribution
1926.959 of existing Subpart V contains
apply to the two fall protection systems. work already meet these requirements.
requirements for body belts, safety
In this proposal, OSHA would again Comments are requested on whether or
straps, and lanyards. This equipment
apply requirements to personal fall not any of the proposed requirements
has traditionally been used as both work
arrest systems that differ from those that should not be applicable to lanyards
positioning equipment and fall arrest
apply to work positioning equipment. used as work positioning equipment.
23 The proposal would have a similar effect on
Personal fall arrest systems would have Proposed paragraph (b)(2)(i) would
work covered by § 1910.269. Paragraph (c)(2)(v) of to meet Subpart M of Part 1926, as require hardware for body belts and
§ 1910.67 also contains a requirement for employees would be required by proposed positioning straps to be drop-forged,
covered by the general industry standards to wear § 1926.954(b)(1). Work positioning pressed, or formed steel or to be made
a body belt and lanyard when working from an equipment would have to meet the of equivalent material. This hardware
aerial lift. Section 1910.67 sets the duty to provide
fall protection but provides no criteria for the fall
requirements proposed in would also be required to have a
protection equipment to meet. The proposed note § 1926.954(b)(2). Employers engaged in corrosion-resistant finish. Surfaces
following § 1910.269(g)(1)(i) states that personal fall electric power transmission and would have to be smooth and free of
arrest systems used with aerial lifts must meet distribution work could use the same sharp edges. This provision ensures that
Subpart M of Part 1926. Thus, a body belt would
not be permitted to be used as part of a personal
equipment for fall arrest and for work the hardware is strong enough to
fall arrest system for work from aerial lifts covered positioning provided the equipment met withstand the forces likely to be
by § 1910.269. both sets of requirements. In fact, imposed, is durable, and is free of sharp
edges that could damage attached that raw edges are not exposed and that test in Table V–1 itself has been taken
positioning straps. the plies do not separate. Existing from ASTM F887–04, section 15.3.4.
This requirement is equivalent to § 1926.959 contains no similar Existing § 1926.959 contains no
existing § 1926.959(a)(1), except that the requirement. Proposed paragraph comparable provision.
existing standard does not permit (b)(2)(vi) has been taken from ASTM Proposed paragraph (b)(2)(viii) would
hardware to be made of any material F887–04, sections 14.2.2 and 15.2.2. require the cushion part of a body belt
other than drop-forged or pressed steel. This requirement is intended to prevent to be at least 76 millimeters (3 inches)
The ASTM standard requires hardware plied fabric from separating, which wide, with no exposed rivets on the
to be made of drop-forged steel. The could weaken a body belt or positioning inside. This requirement is essentially
drop-forged steel process produces strap and cause it to fail under load. identical to existing § 1926.959(b)(2)(i)
hardware that more uniformly meets the Although work positioning equipment and (ii).
required strength criteria and that is used in electric power transmission and Existing § 1926.959(b)(2)(iii), which
expected to retain its strength over a distribution work is not intended to be requires the cushion part of the body
longer useful life. It is possible, used as insulation from live parts, belt to be at least 0.15625 inches thick
however, for other processes to produce positioning straps could come into if made of leather, is not contained in
a product that is equivalent in terms of accidental contact with live parts while the proposed rule. The strength of the
strength and durability. Additionally, an employee is working. Thus, it is still body belt assembly, which is addressed
§ 1926.502(d)(1) and (e)(3) require important for this equipment to provide by this existing specification, is
‘‘connectors’’ (that is, hardware) to be a certain level of insulation. Proposed adequately covered by the performance-
made of the same types of material as paragraphs (b)(2)(vii)(A) and based strength criteria contained in
those specified in proposed (b)(2)(vii)(B) would require positioning proposed § 1926.954(b)(2)(xii).
§ 1926.954(b)(2)(i). Therefore, OSHA is straps to be capable of passing dielectric Additionally, as noted previously, load
proposing to permit hardware to be and leakage current tests. This provision bearing portions of the body belt would
made of alternative materials. is equivalent to existing no longer be permitted to be constructed
Comments are invited on whether or not § 1926.959(b)(1). The voltages listed in of leather alone under proposed
these alternative materials will provide these paragraphs are alternating current. paragraph (b)(2)(v).
adequate safety to employees. The note following proposed paragraph Proposed paragraph (b)(2)(ix) would
Proposed paragraph (b)(2)(ii) would (b)(2)(vii)(B) indicates that equivalent require that tool loops on a body belt be
require buckles to be capable of direct current tests would also be so situated that the 100 millimeters (4
withstanding an 8.9–kN (2,000-lbf) acceptable. inches) at the center of the back of the
tension test with a maximum permanent ASTM F887–04 does not require body belt are free of tool loops and any
deformation no greater than 0.4 positioning straps to pass a withstand other attachments. This requirement,
millimeters (0.0156 inches). This is the voltage test. Instead, it states in a note which has been taken from ASTM
same as existing § 1926.959(a)(2). The that the fabric used must pass a F887–04, section 14.4.3, is similar to
requirement is intended to ensure that withstand voltage test.24 OSHA invites existing § 1926.959(b)(3). It is intended
buckles do not fail if a fall occurs. comments on whether or not performing to prevent spine injuries to employees
Paragraph (b)(2)(iii) proposes that D a withstand test on positioning straps is who fall onto their backs while wearing
rings be capable of withstanding a 22– necessary for employee safety in electric a body belt.
kN (5,000-lbf) tensile test without transmission and distribution work. Existing § 1926.959(b)(3) permits a
cracking or breaking. This provision, Proposed paragraphs (b)(2)(vii)(C) and maximum of four tool loops, and
which is equivalent to existing (b)(2)(vii)(D) would require positioning existing § 1926.959(b)(2)(iv) requires the
§ 1926.959(a)(3), is intended to ensure straps to be capable of passing tension belt to contain pocket tabs for the
that D rings do not fail if a fall occurs. tests and buckle tear tests. Existing attachment of tool pockets. ASTM
Proposed paragraph (b)(2)(iv) would § 1926.959 has no equivalent F887–04 contains a similar requirement
require snaphooks to be capable of requirements. These tests, which have for pocket tabs. OSHA does not believe
withstanding a 22–kN (5,000-lbf) been taken from ASTM F887–04, that these two provisions are necessary
tension test without failure. A note sections 15.3.2 and 15.3.3, are intended for the protection of employees. These
following this provision indicates that to ensure that individual parts of requirements ensure that body belts are
tensile failure is considered to be positioning straps have adequate suitable as tool belts and contribute to
distortion of the snaphook sufficient to strength. the usefulness of the body belt.
release the keeper. If an electric arc occurs while an However, they do not contribute
Proposed paragraph (b)(2)(v) would employee is working, the work significantly to the safety of employees;
prohibit the use of leather or leather positioning equipment must be able to OSHA has thus not included similar
substitutes from being used alone as a support the employee in case he or she requirements in the proposal.
load bearing member in a body belt or loses consciousness. Additionally, the Proposed paragraph (b)(2)(x) would
positioning strap. Existing § 1926.959 positioning strap or lanyard must be require liners to be used around the bar
contains no equivalent requirement. The resistant to igniting, because, once of D rings. This provision, which is the
proposed paragraph, which has been ignited, it would quickly lose its same as existing § 1926.959(b)(4), is
taken from ASTM F887–04, sections strength and fail. Therefore, paragraph intended to prevent wear between the D
14.2.1 and 15.2.1, is necessary because (b)(2)(vii)(E) would require positioning ring and the body belt fabric. Such wear
leather and leather substitutes do not straps to be capable of passing a could contribute to failure of the body
retain their strength as they age. Because flammability test, which is described in belt during use.
this loss in strength is not always easy Table V–1. This requirement and the A snaphook has a keeper that is
to detect by visual inspection, it can designed to prevent a D ring to which
lead to failure under fall conditions. 24 It is not clear whether the ASTM provision is it is attached from coming out of the
Proposed paragraph (b)(2)(vi) would mandatory. Notes in ASTM standards are not opening of the snaphook. (See Figure 2.)
supposed to contain requirements, but the
require that plied fabric used in particular note in question (Note 2 following
Nevertheless, if the design of the
positioning straps and in load bearing section 15.3.1) uses the word ‘‘shall,’’ which snaphook is not compatible with the
portions of body belts be so constructed normally indicates that the provision is mandatory. design of the D ring, the D ring can roll
around, press open the keeper, and free

itself from the snaphook. (See Figure 3.)
To address this problem, for many existing equipment, the employer unless the employee releases its locking
years, ASTM F887 had a requirement normally does not have the expertise mechanism. Because their are thousands
for snaphooks to be compatible with the necessary to run such tests in a of existing non-locking snaphooks
D rings with which they are used. Even comprehensive manner. Second, currently in use, OSHA is considering
with this requirement, however, snaphook keepers can be depressed by phasing in the requirement for older
accidents resulting from snaphook roll- objects other than the D rings to which equipment or completely grandfathering
outs have still occurred. Several factors they are attached. For example, a guy (a existing equipment that otherwise
account for this. First, while one support line) could fall onto the keeper complies with the proposal. The Agency
manufacturer can (and most do) while an employee was repositioning requests comments on this.
thoroughly test its snaphooks and its D himself or herself. This could allow the OSHA is proposing three
rings to ensure ‘‘compatibility,’’ no D ring to escape from the snaphook, and requirements for snaphooks to ensure
manufacturer can test its hardware in the employee would fall as soon as he that the keeper does not open without
every conceivable combination with or she leaned back into the work the intentional release of the employee
other manufacturers’ hardware, positioning equipment. using it. First, for the keeper to open, a
especially since some models of For these reasons, OSHA is proposing, locking mechanism would have to be
snaphooks and D rings are no longer in paragraph (b)(2)(xi), that snaphooks released, or a destructive force would
manufactured. While an employer might used as part of work positioning have to be placed on the keeper
be able to test all the different hardware equipment be of the locking type. A (paragraph (b)(2)(xi)(A)). Second, a force
combinations possible with his or her locking-type snaphook will not open in the range of 6.6 N (1.5 lbf) to 17.6 N
EP15JN05.004</GPH>
(4 lbf) would be required to release the is sufficiently strong for the heaviest locking type. OSHA’s proposal is based
locking mechanism (paragraph line worker who will use it, even those on this ASTM standard; and, with the
(b)(2)(xi)(B)). Third, with a force on the substantially heavier than the test mass. exception of those two provisions, is
keeper and with the locking mechanism However, the Agency requests consistent with that consensus standard.
released, the keeper would not be comments on whether the proposed test The third note indicates that body
allowed to open with a force of 11.0 N is adequate. belts and positioning straps meeting
(2.5 lbf) or less. Before the force exceeds Proposed paragraphs (b)(2)(xii)(B) and existing § 1926.502(e) on positioning
17.6 N (4 lbf), the keeper would have to (b)(2)(xii)(C) give the attachment means device systems are deemed to be in
begin to open (paragraph (b)(2)(xi)(C)). for body belts and for positioning straps, compliance with the manufacturing and
These requirements have been taken respectively. These provisions would construction requirements of paragraph
from ASTM F887–04, section 15.4.1. ensure that the work positioning (b)(2) of proposed § 1926.954 provided
Paragraph (b)(2)(xi)(C), relating to the equipment being tested is properly that the body belt or positioning strap
spring tension on the keeper, is the attached to the test apparatus. also conforms to proposed
same as existing § 1926.959(b)(6). Proposed paragraph (b)(2)(xii)(D) § 1926.954(b)(2)(vii). This provision
Existing § 1926.959(b)(7) requires would require the test mass to be requires positioning straps to pass
body belts, pole straps, and lanyards to dropped a distance of 1 meter (39.4 certain electrical and flame-resistance
be capable of passing a drop test, in inches). This is equivalent (given the tests. It also requires positioning straps
which a test load is dropped from a rigid test mass) to the existing to withstand a tension test and a buckle
specified height and the work standard’s test distance of 1.2 meters (4 tear test. These tests ensure that
positioning equipment arrests the fall. feet) for pole straps. Existing § 1926.959 positioning straps have suitable
The test consists of dropping a 113.4-kg requires lanyards to pass a 1.8-meter (6- electrical and mechanical properties to
(250-lbm) bag of sand a distance of foot) drop test. However, that standard withstand the stresses that can be
either 1.2 meters (4 feet) or 1.8 meters sets no limit on the free fall distance imposed by power line work. Body belts
(6 feet), respectively for pole straps and required for the work positioning and positioning straps that are parts of
lanyards. equipment covered under that standard. positioning device systems addressed by
The use of a bag of sand to represent The drop distance was based primarily § 1926.502(e) serve the same function as
a human body is one way to test work on the accepted practice of allowing a work positioning equipment in
positioning equipment. However, 1.8-meter (6-foot) maximum drop into a proposed Subpart V. OSHA believes
because the bag of sand can be fitted body belt-lanyard combination or a 0.6- that body belts and positioning straps
with the body belt in different ways, the or 0.9-meter (2-or 3-foot) maximum drop that meet the design criteria specified by
results of the test may not be consistent into a body belt-pole strap combination. § 1926.502(e) will generally be
among different testing laboratories. To Proposed paragraph (b)(3)(iv) specifies a sufficiently strong for power line work.
overcome this, ASTM 887–04 has 0.5-meter (2-foot) maximum free fall However, to be fully suitable for power
adopted a drop test that uses a rigid distance, eliminating the need to drop line work, positioning straps should
steel mass of a specified design. To test lanyards at more than 1.2 meters (4 also meet the electrical, flame-
compensate for differences between a feet). resistance, and other characteristics
rigid mass and the more deformable Proposed paragraphs (b)(2)(xii)(E) and proposed in § 1926.954(b)(2)(vii).
human body, the ASTM standard uses (b)(2)(xii)(F) specify acceptance criteria The Agency believes that the last two
a lower test mass, 100 kg (220 lbm), and for tested equipment. Body belts would notes to proposed § 1926.954(b)(2) will
a shorter drop height, 1 meter (39.4 have to arrest the fall successfully and help manufacturers determine whether
inches). OSHA believes that the ASTM be capable of supporting the test mass or not their equipment meets the OSHA
test is equivalent to the existing OSHA after the test. Positioning straps would standard. Employers will thus be able to
test. OSHA also believes that adoption have to arrest the fall successfully determine, in most instances, whether
of the ASTM test, because it will result without allowing an arresting force or not work positioning equipment
in more uniform testing, will better exceeding 17.8 kN (4,000 lbf). meets the OSHA standard without
protect employees. Therefore, the Additionally, snaphooks on positioning having to conduct their own tests.
Agency is proposing to replace the sand straps would not be permitted to have Proposed paragraph (b)(3) addresses
bag drop test given in existing distorted sufficiently to allow release of the care and use of fall protection
§ 1926.959(b)(7) with a less-detailed the keeper. equipment. Fall protection equipment
version of the ASTM test in proposed Three notes apply to paragraph provides the maximum intended safety
§ 1926.954(b)(2)(xii). OSHA requests (b)(2).25 The first note indicates that only when it is properly used and
comments on whether this change is paragraph (b)(2) applies to all work maintained. Existing Subpart V
reasonable and appropriate. positioning equipment used in work recognizes this fact in § 1926.951(b)(3).
Proposed paragraph (b)(2)(xii)(A) covered by Subpart V. Existing § 1926.951(b)(1) requires the
would require the test mass to be The second note indicates that body use of fall protection equipment when
constructed of steel or equivalent belts and positioning straps that employees are working at elevated
material having a mass of 100 kg (220.5 conform to ASTM F 887–04 are deemed locations on poles, towers, and similar
lbm). This mass is comparable to the to be in compliance with the structures; § 1926.951(b)(3) requires this
113.4-kg (250-lbm) bag of sand given in manufacturing and construction equipment to be inspected before use
the existing OSHA standard. Even requirements of paragraph (b)(2) of this each day. While it has carried these
though the test mass is lighter than a section provided that the body belt or requirements forward into the proposal,
heavy power line worker, the required positioning strap also conforms to OSHA believes that these requirements
test method places significantly more paragraphs (b)(2)(iv), which contains a must be supplemented by additional
stress than an employee of the same more stringent strength requirement requirements so that employees will be
mass because the test drop is 0.3 meters than ASTM F887–04, and (b)(2)(xi), fully protected from fall hazards faced
(1.28 feet) more than the maximum which requires snaphooks to be of the during electric power transmission and
permitted free fall distance and because distribution work. Therefore, OSHA is
the test mass is rigid. OSHA believes 25 These notes appear immediately after proposing requirements from
that this test indicates that a body belt paragraph (b)(2)(xii)(F). § 1910.269(g)(2) and from § 1926.502(e)
relating to the care and use of fall is climbing or changing location on a travel restricting equipment is more
protection equipment. structure if the structure is safe to climb. appropriate for work on open-sided
Proposed paragraph (b)(3)(i) would The proposal lists examples illustrating platforms, where employees can walk
require work positioning equipment to when the structure would be unsafe to around the working surface with the
be inspected before use each day to climb without fall protection: the travel restricting equipment keeping
determine if the equipment is safe for presence of ice or high winds, structure them from approaching too close to an
use. (Paragraph (d)(21) of § 1926.502 designs that could cause the employee unguarded edge. The Agency does not
contains an equivalent requirement for to fall, and the presence of contaminants believe that this type of working surface
fall arrest equipment to be inspected on the structure that could cause the is found on poles, towers, or similar
before use.) This paragraph would employee to lose his or her grip or structures. Therefore, the inclusion of
prohibit defective equipment from being footing. travel restricting equipment in fall
used. This requirement helps ensure Two informational notes follow protection requirements for work
that the protective equipment in use proposed paragraph (b)(3)(iii) explain performed on these structures is
will, in fact, be able to protect certain aspects of the proposed inappropriate.26 OSHA invites
employees when called upon to do so. provision. The first note indicates that comments on whether or not travel
This requirement is equivalent to this requirement would not apply to restricting equipment should be
existing § 1926.951(b)(3), except that the portions of buildings, electric recognized in § 1926.954(b)(3)(iii) and
prohibition on the use of defective equipment, or aerial lifts. This note on whether or not electric power
equipment is stated explicitly rather refers to the relevant portion of the transmission and distribution structures
than being implied. A thorough construction standards that would apply contain open-sided platform-like
inspection of fall protection equipment in those instances (that is, Subpart M for working surfaces.
can detect such defects as cracked walking and working surfaces generally It should be noted that the conditions
snaphooks and D rings, frayed lanyards, and § 1926.453 for aerial lifts). The first listed in paragraph (b)(3)(iii) are not the
loose snaphook keepers, and bent note applies only to the ‘‘duty’’ only ones warranting the use of fall
buckles. A guide to the inspection of requirement in paragraph (b)(3)(iii) to protection. Other factors affecting the
this equipment is included in Appendix use fall protection equipment; it does risk of an employee’s falling include the
G. not apply to other fall protection level of competence of the employee,
Proposed paragraph (b)(3)(ii) would requirements in § 1926.954. the condition of a structure, the
require personal fall arrest systems to be The second note indicates that configuration of attachments on a
used in accordance with § 1926.502(d). employees who have not completed structure, and the need to have both
Personal fall arrest equipment is training in climbing or in the use of fall hands free for climbing. In fact, OSHA
sometimes used as work positioning protection equipment would not be believes that climbing without the use
equipment during electric power considered to be ‘‘qualified’’ for the of fall protection is only safe if the
transmission and distribution work. So purposes of paragraph (b)(3)(iii). These employee is using his or her hands to
that the employee can comfortably lean employees, who have not demonstrated hold onto the structure while he or she
into the body harness when the that they can safely climb structures is climbing. If the employee is not
equipment is used in this fashion, the without using fall protection, would holding onto the structure (for example,
normal attachment point would be at need fall protection anytime they are because the employee is carrying tools
waist level. Paragraph (d)(17) of more than 1.2 meters (4 feet) above the or equipment in his or her hands), fall
§ 1926.502 requires the attachment ground. protection is required under the final
point for body harnesses to be located Proposed paragraph (b)(3)(iii), which rule. Video tapes entered into the
in the center of the employee’s back is comparable to existing § 1910.269 rulemaking record by EEI
near shoulder level or located above his § 1926.951(b)(1), is based on (269–Ex. 12–6),27 which they claimed
or her head. Such an attachment point § 1910.269(g)(2)(v). After analyzing the represented typical, safe climbing
would prevent the employee from extensive record built on fall protection practices in the utility industry,
performing his or her job. Therefore, during the § 1910.269 rulemaking, demonstrate employees using their
OSHA is proposing to exempt personal OSHA concluded that employees could hands to provide extra support and
fall arrest equipment used as work safely climb and change location on balance. Climbing in this manner will
positioning equipment from this poles, towers, and similar structures enable an employee to continue to hold
requirement, if the equipment is rigged without the use of fall protection onto the structure in case his or her foot
so that the maximum free fall distance equipment. OSHA has carried the slips. If the employee is not using his or
is 0.6 meters (2 feet). This exemption is general industry standard’s fall her hands for additional support, he or
proposed in paragraph (b)(3)(ii). protection requirements forward into she would be much more likely to fall
Proposed paragraph (b)(3)(iii) would proposed Subpart V with two changes. as a result of a slip.
require the use of a personal fall arrest First, the term ‘‘fall arrest equipment’’ The general industry electric power
system or work positioning equipment has been changed to ‘‘personal fall arrest generation, transmission, and
to be used to protect employees working system’’ for consistency with other distribution standard, in
at elevated locations more than 1.2 OSHA fall protection standards (notably § 1910.269(g)(2)(v), requires the use of
meters (4 feet) above the ground on Part 1926, Subpart M). Second, and fall protection systems when work is
poles, towers, and similar structures if more significantly, OSHA is proposing performed at heights more than 1.2
other fall protection has not been to omit the use of travel restricting meters (4 feet) above the ground. The
provided. The term ‘‘similar structures’’ equipment as a recognized fall existing standards in Subpart M of Part
includes any structure that supports protection system for electric power
electric power transmission or transmission and distribution work. 26 OSHA is also proposing to omit the use of
distribution lines or equipment, such as OSHA originally proposed to recognize travel restricting equipment as an acceptable form
lattice substation structures and H-frame this equipment in § 1910.269(g)(2)(v); no of fall protection in § 1910.269(g)(2) for employees
working from poles, towers, and similar structures.
wood transmission structures. The use comments in the rulemaking record 27 Exhibits in the § 1910.269 rulemaking record
of fall protection equipment would not suggested leaving it out of the final (denoted as ‘‘269–Ex’’) can be found in Docket
be required while a qualified employee general industry standard. However, Number S–015.
1926 require fall protection (usually in Shark,28 Pole Choker,29 or similar Subpart D standards should also apply
the form of guard rails) for situations devices) can be used as suitable during construction work. It should be
where employees are exposed to falls of anchorages, and on what alternative noted that OSHA has proposed a
more than 1.8 meters (6 feet). measures can be taken to protect revision of Subpart D of the General
Additionally, in existing employees. Industry Standards (April 10, 1990, 55
§ 1926.951(b)(1), OSHA requires fall Proposed paragraph (b)(3)(v) would FR 13401). The Agency requests
protection to be used by ‘‘employees require anchorages used with work comments on whether the proposed
working at elevated locations’’ without positioning equipment to be capable of incorporation of the general industry
specifying the height at which such sustaining at least twice the potential standard for fixed ladders is warranted,
protection would be necessary. The impact load of an employee’s fall or 13.3 especially in light of the proposed
Agency is proposing to retain the kN (3,000 lbf), whichever is greater. revision of Subpart D.
Subpart V requirement, but clarify it as This provision, which has been taken Paragraph (b) proposes requirements
requiring protection to be initiated at 1.2 from § 1926.502(e)(2), is intended to for special ladders and platforms used
meters (4 feet) to be consistent with ensure that an anchorage will not fail for electrical work. Because of the
§ 1910.269(g)(2)(v), which deals with when called upon to stop an employee’s nature of overhead line work and the
the same hazard. Comments are fall. It should be noted that, under limitations of structures available for
requested on whether or not the proposed paragraph (b)(3)(iv), the ladder support, OSHA is proposing to
§ 1910.269 distance of 1.2 meters (4 feet) employee is not required to be tied to exempt portable ladders and platforms
is appropriate for electric power an anchorage if one is not available. used on structures or on overhead lines
transmission and distribution In paragraphs (b)(3)(vi), OSHA is from the general provisions of
construction work. proposing that snaphooks on work §§ 1926.1053(b)(5)(i) and (b)(12), which
positioning equipment not be engaged deal with ladder support and
Work positioning equipment is placement. An example of these
to any of the following:
intended to be used with the employee (1) Webbing, rope, or wire rope; exempted ladders is a portable hook
leaning into it, with the equipment (2) Each other; ladder used by power line workers to
supporting the employee and keeping (3) A D ring to which another work on overhead power lines. These
him or her from falling. During work on snaphook or other connector is attached; ladders are hooked over the line or other
towers and horizontal members on poles (4) A horizontal lifeline; or support member and are lashed in place
(such as crossarms), however, the (5) Any object which is incompatibly at both ends to keep them steady while
employee sometimes stands or sits on a shaped or dimensioned in relation to employees are working from them.
structural member, and the work the snaphook such that unintentional To provide employees with protection
positioning equipment is not providing disengagement could occur by the that approximates that afforded by the
any support for the employee. In such connected object being able to depress ‘‘exempted’’ Subpart X provisions,
cases, the work positioning equipment the snaphook keeper and release itself. paragraphs (b)(1) through (b)(4) would
is functioning more like personal fall These provisions, which have been apply to these special types of ladders
arrest equipment. OSHA has previously taken from § 1926.502(e)(8), prohibit and platforms. The proposed
concluded that body belts, which can be methods of attachment that are requirements provide that these special
used as part of work positioning considered unsafe because of the ladders and special platforms be
equipment, are not suitable for use as potential for accidental disengagement secured, specify the acceptable loads
part of a personal fall arrest system. of the snaphooks during use. and proper strength of this equipment,
Paragraph (e)(1) of § 1926.502 limits and provide that they be used only for
Section 1926.955, Ladders and the particular types of application for
the maximum free fall distance for work Platforms
positioning systems to 0.6 meters (2 which they are designed. (The ratings
feet). OSHA is adopting this same limit Proposed § 1926.955 addresses and design of this equipment are
in § 1926.954. However, in electric ladders and platforms. Paragraph (a) specified by the manufacturer and can
power transmission and distribution notes that requirements for portable usually also be found in standard
work, anchorages are not always ladders are contained in Subpart X of references, such as ASTM F 1564–95,
available. Many utility poles provide no the construction standards and apply to Standard Specification for Structure-
attachment points lower than the lowest work covered by Subpart V, except as Mounted Insulating Work Platforms for
crossarm. If an employee is working noted in proposed § 1926.955(b). This Electrical Workers. See Appendix E to
below the crossarm, there will be paragraph also proposes that the proposed Subpart V.) In the § 1910.269
nothing to which he or she can attach requirements for ladders in Subpart D of rulemaking, OSHA concluded that these
the work positioning equipment. The Part 1910 apply to fixed ladders used in alternative criteria provide for the safe
work positioning equipment is still electric power transmission and use of this special equipment, and the
providing a certain degree of fall distribution construction work. Fixed Agency is proposing to extend the
protection, even in this case. The ladders used in electric power application of these alternative criteria
equipment holds the employee in a transmission and distribution to work covered under Subpart V.
construction work are also considered In § 1926.955(c), OSHA is proposing
fixed work position and keeps him or
fixed ladders under Subpart D of the to prohibit the use of portable metal and
her from falling. Therefore, proposed
General Industry Standards when used other portable conductive ladders near
paragraph (b)(3)(iv) would require work
during normal maintenance activities. exposed energized lines or equipment.
positioning equipment to be rigged so
OSHA believes that the Part 1910, This paragraph addresses the hazard to
that the employee can free fall no more
employees of contacting energized lines
than 0.6 meters (2 feet), unless no 28 A Pole Shark is a device that uses jaws and a and equipment with conductive ladders.
anchorage is available. spur wheel to grip the pole and provide an However, in specialized high-voltage
OSHA requests comments on whether anchorage for climbing wood poles. work, the use of nonconductive ladders
29 A Pole Choker is a pole strap with an integrated
or not this requirement will provide could present a greater hazard to
choker strap. The choker strap is tightened against
sufficient protection for employees, on the pole to prevent the pole strap from sliding down employees than the use of conductive
what portable devices (such as a Pole the pole. ladders. In such situations, the
clearances between live parts operating equipment and allows the frame of the DC Tr. 613). To stress the importance of
at differing voltages and between the generator to serve as the grounding the requirement proposed in paragraph
live parts and grounded surfaces are electrode (reference ground). Paragraph (d)(4), OSHA has included a note
large enough that it is relatively easy to (c)(4) would require the neutral following this paragraph stating that
maintain the minimum approach conductor to be bonded to the generator hydraulic lines without check valves
distances required by proposed frame. These proposed requirements are having a separation of more than 10.7
§ 1926.960(c)(1). Voltage is induced on based on existing § 1926.404(f)(3). meters (35 feet) between the oil
objects in the vicinity of these high- Proposed paragraph (d) would apply reservoir and the upper end of the
voltage lines. Using a conductive ladder to pneumatic and hydraulic tools. hydraulic system can promote the
can minimize the voltage differences Paragraph (d)(1) of § 1926.302 formation of a partial vacuum. Whether
between objects 30 within an employee’s requires hydraulic fluids to be fire or not a partial vacuum will result in the
reach, reducing the hazard to the resistant. Insulating hydraulic fluids are loss of insulating value and trigger the
employee. Therefore, the proposal not inherently fire resistant and need to take measures to prevent the
would require a conductive ladder to be additives that could make them fire formation of a partial vacuum will, of
used where an employer can resistant generally make the hydraulic course, depend on the voltage involved.
demonstrate that the use of a fluid unsuitable for use as insulation. Paragraphs (d)(6) and (d)(7) propose
nonconductive ladder would present a Because of this and because hydraulic work-practice requirements to protect
greater hazard. fluids must be insulating to protect employees from the accidental release of
employees performing power pressure and from injection of hydraulic
Section 1926.956, Hand and Portable transmission and distribution work, oil, which is under high pressure,
Power Tools existing § 1926.950(i) exempts through the skin and into the body. The
Proposed § 1926.956 addresses hand insulating hydraulic fluids from first of these two provisions would
and portable power tools, as stated in § 1926.302(d)(1). OSHA is proposing to require the release of pressure before
paragraph (a). Portable and vehicle- continue this exemption in connections in the lines are broken,
mounted generators supplying cord-and § 1926.956(d)(1). The Agency requests unless the quick-acting, self-closing
plug-connected equipment are also information on whether or not fire- connectors commonly found on tools
covered by this proposed section. These resistant insulating hydraulic fluids are are used. In the case of hydraulic tools,
requirements have been taken from available or are being developed. the spraying hydraulic fluid itself,
§ 1910.269(i). Existing Subpart V Safe operating pressures would be which is flammable, poses additional
contains requirements for hydraulic and required to be maintained by paragraph hazards. The other provision would
pneumatic tools in §§ 1926.950(i) and (d)(2). This protects employees from the prohibit employees from attempting to
1926.951(f). These requirements have harmful effects of tool failure. Of course, use their bodies in order to locate or
been retained in proposed if hazardous defects are present, no stop a hydraulic leak.
§ 1926.956(d). operating pressure would be safe, and Paragraph (d)(8) proposes that hoses
the tools could not be used. In the not be kinked. Kinks in hydraulic and
Electric tools connected by cord and
absence of defects, the maximum rated pneumatic hoses can lead to premature
plug would be required to meet
operating pressure (as specified by the failure of the hose and to sudden loss of
paragraph (b). If the equipment is
manufacturer or by standard references) pressure. If this loss of pressure occurs
supplied by the wiring of a building or
is the maximum safe pressure. A note to while the employee is using the tool, an
other premises, existing Subpart K of
this effect has been included in the accident could result.
Part 1926 would continue to apply,
proposed rule.
under proposed § 1926.956(b)(1), as it If a pneumatic or hydraulic tool is Section 1926.957, Live-Line Tools
does now. If premises wiring is not used where it may contact exposed Proposed § 1926.957 contains
involved (in which case Subpart K does energized parts, the tool would be requirements for live-line tools, some of
not currently apply), paragraph (b)(2) required to be designed and maintained which are commonly called ‘‘hot
would require that the tool frame be for such use (paragraph (d)(3)). sticks.’’ This type of tool is used by
grounded or that the tool be double Hydraulic systems for tools used near qualified employees to handle energized
insulated or that the tool be supplied by live parts would need to provide conductors. The tool insulates the
an isolating transformer with protection against the formation of a employee from the energized line,
ungrounded secondary. Any of these partial vacuum in the hydraulic line allowing the employee to safely perform
three methods can protect employees (paragraph (d)(4)). A pneumatic tool the task at hand. For example, a wire
from electric shock, which could would have to provide protection tong, a slender insulated pole with a
directly injure the employee or which against the accumulation of moisture in clamp on one end, is used to hold a
could cause an involuntary reaction the air supply (paragraph (d)(5)). These conductor at a distance while work is
leading to a secondary injury. Given the three requirements protect employees being performed. Common types of live-
widespread availability of double- from electric shock by restricting line tools include wire tongs, wire tong
insulated tools, OSHA requests current flow through hoses. supports, tension links, and tie sticks.
comments on whether the option If hydraulic tools are used so that the Paragraph (a) would require live-line
permitting tools to be supplied through highest point on the system is more than tools to be designed and constructed to
an isolating transformer is still 10.7 meters (35 feet) above the oil be able to withstand 100,000 V/ft if
necessary. reservoir, a partial vacuum can form made of fiberglass, 75,000 V/ft if made
Paragraph (c) of proposed § 1926.956 inside the line. This can lead to loss of of wood, or other equivalent tests. (The
would require that portable and vehicle- insulating value in tools used on high voltage per unit length varies with
mounted generators provide a means for voltage lines and to the failure of the material because the two different
grounding cord- and plug-connected system while the employee is working insulating materials are capable of
30 These voltages do not normally pose an
on the power line. During the withstanding different voltages over
electrocution hazard. However, the involuntary
rulemaking process on § 1910.269, the equal lengths. A higher design standard
muscular reactions from contacting objects at IBEW reported that two accidents for wood would cause most wood to fail
different voltages can lead to falls. resulted from such an occurrence (269– to meet the specification. A lower
design specification would allow insulating value in using them to handle or (3) after the examination if the tool
substandard products into service. energized conductors (January 31, 1994, is solid FRP rod or foam-filled FRP tube,
Paragraph (a), which contains the design 59 FR 4378). The Agency believes that unless the employer could demonstrate
criteria for materials used in live-line the fact that live-line tools are not that the examination has revealed no
tools, is based on the capabilities of the typically used to provide protection for defects that could cause the tool to fail
materials in question.) Since the employees in the rain (when work is during use. The test method used would
withstand voltages are consistent with normally suspended) probably be required to be designed to verify the
those in existing § 1926.951(d), for accounted for the lack of injuries in the tool’s integrity along its full length and,
fiberglass tools, and with ASTM F 711– record. Regardless, live-line tools might if made of FRP, its integrity under wet
02, Standard Specification for be used under wet conditions,31 in conditions (paragraph (b)(3)(iv)). The
Fiberglass-Reinforced Plastic (FRP) Rod which case it is important to ensure that test voltages would be 75 kV/ft for FRP
and Tube Used in Live-Line Tools (the these tools will retain their insulating and 50 kV/ft for wood, and the voltage
material comprising the insulating qualities when they are wet. In addition, would have to be applied for a
portion of a live-line tool), tools employee safety is dependent on the minimum of 1 minute (paragraph
complying with standards currently in insulating integrity of the tool—the (b)(3)(v)). Other equivalent tests are
use in the industry continue to be results of a failure of a live-line tool permitted. The proposed rule also
acceptable. A note to this effect is would almost certainly lead to serious includes a note referring to IEEE Std.
included after proposed injury or death whenever the tool is the 516–2003, which contains an excellent
§ 1926.957(a)(1). Together with the only insulating barrier between the guide to the inspection, care, and testing
minimum approach distances in employee and a live part. Therefore, of live-line tools.
§ 1926.960(c)(1), paragraph (a) of OSHA is proposing rules on the
Section 1926.958, Materials Handling
proposed § 1926.957 protects employees periodic examination and testing of live-
and Storage
from electric shock during use of these line tools.
tools. Although inspection can detect the Section 1926.958 proposes
Paragraph (b) addresses the condition presence of hazardous defects and requirements for materials handling and
of tools. The requirements proposed in contamination, the Agency is concerned storage. Paragraph (a) proposes that
this paragraph are intended to ensure about whether the daily inspections Subpart N of Part 1926 continue to
that live-line tools remain in a safe proposed in paragraph (b)(1) will, apply.
condition after they are put into service. indeed, detect these problems. In fact, Paragraph (b) addresses the storage of
Proposed paragraph (b)(1) would require referring to live-line tools that had failed materials in the vicinity of energized
live-line tools to be wiped clean and in use, a Georgia Power Company study lines and exposed parts of energized
visually inspected before each day’s use. submitted to the rulemaking record on equipment. Paragraph (b)(1) proposes
Wiping the tool removes surface § 1910.269 stated: ‘‘Under visual requirements for areas to which access
contamination that could lower the inspection all the sticks appeared to be is not restricted to qualified employees
insulating value of the tool. Inspecting relatively clean with no apparent only. In general, materials are not
the tool will enable the employer and surface irregularities [269–Ex. 60].’’ allowed to be stored within 3.05 meters
employee to discover any obvious These tools also passed a ‘‘dry’’ voltage (10 feet) of the lines or exposed parts of
defects that could also adversely affect test, but failed a ‘‘wet’’ test. While the equipment. This clearance distance
the insulating value of the tool. study further noted that the surface must be increased by 0.10 meters (4
If any contamination or defect that luster on the sticks had been reduced, inches) for every 10 kilovolts over 50
could lower the insulating value or that apparently the normal visual inspection kilovolts. The distance must also be
could adversely affect the mechanical alone was not able to detect such defects increased to account for the maximum
integrity of the live-line tool is present as the ones that caused these tools to sag and side swing of any conductor and
after the tool is wiped, it could be fail. to account for the use of material
discovered during the inspection, and To address these concerns, OSHA is handling equipment. Maintaining these
the tool would have to be removed from proposing requirements for the thorough clearances protects unqualified
service, as required by paragraph (b)(2). examination, cleaning, repair, and employees, who are not trained in the
This paragraph protects employees from testing of live-line tools on a periodic recognition and avoidance of the
the failure of live-line tools during use. basis. The tools would undergo this hazards involved, from contacting the
Tools removed from service would have process on a 2-year cycle and any time energized lines or equipment with
to be examined and tested under tools are removed from service on the materials being handled.
proposed paragraph (b)(3) before being However, the work practices these
basis of the daily inspection required by
returned to service. unqualified workers would employ in
§ 1926.957(b)(2). The proposed rule
The performance criteria given in handling material stored near energized
would first require a complete
paragraph (a) are intended to be ‘‘design lines are addressed by Subpart K of Part
examination of the hot stick (paragraph
standards’’ and are to be met at the time 1926. The general approach taken in the
(b)(3)(i)). After the examination, the tool
of manufacture. The test voltages and proposed revision of Subpart V is to
would have to be cleaned and waxed, or
length of time that they are applied provide safety-related work practices for
it would have to be repaired and
during the manufacturing process are qualified employees to follow when
refinished if necessary (paragraph
not appropriate for periodic retesting of they are performing electric power
(b)(3)(ii)). According to proposed
the hot sticks because the live-line tools transmission and distribution work.
§ 1926.957(b)(3)(iii), a test would also be
could sustain damage during the test. Safe work practices for unqualified
required: (1) After the tool has been
During the rulemaking on § 1910.269, repaired or refinished, regardless of its
employees are not addressed in
OSHA found that, although no injuries composition; (2) after the examination if
proposed Subpart V because these
related to the failure of a hot stick could the tool is made of wood or hollow FRP;
practices are already spelled out in
be found in the record, evidence did Subpart K of the construction standards
indicate that these tools have failed in 31 Neither the proposed rule nor § 1910.269 (see in particular § 1926.416 for work
use (without injury to employees) and prohibits use of live-line tools under wet performed near electric power circuits).
that employees do depend on their conditions. In addition, much of the work
performed by unqualified employees emergency and so that there is sufficient unless the employer can demonstrate
near overhead power lines falls outside room to allow an employee to move the that no employee, including the
the scope of Subpart V. For example, materials without violating the operator, might be endangered. This
employees laying sewer lines or minimum approach distance. ensures that the operator will be at the
handling building materials on a controls if an emergency arises that
Section 1926.959, Mechanical
housing project are not performing necessitates moving the suspended load.
Equipment
electric power transmission or For example, due to wind or unstable
distribution work, and their work Requirements for mechanical soil, the equipment might start to tip
operations would not be covered by equipment are proposed in § 1926.959. over. Having the operator at the controls
Subpart V. OSHA believes it is more Paragraph (a) proposes general ensures that corrective action can be
appropriate to address work practices requirements for mechanical equipment taken quickly enough to prevent an
used by unqualified employees working used in the construction of electric accident.
near overhead power lines in Subpart K, power transmission or distribution lines Paragraph (b) proposes requirements
because that is the standard in which and equipment. Paragraph (a)(1) serves for outriggers. Paragraph (b)(1) would
employers who are not involved in as a reminder that Subparts N and O of require vehicular equipment provided
electric power transmission or the construction standards contain with outriggers to be operated with the
distribution work would look to find pertinent requirements for the operation outriggers extended and firmly set as
requirements addressing electrical of mechanical equipment. However, two necessary for the stability of the
hazards. requirements for the operation of equipment in the particular
Paragraph (b)(2) proposes to regulate mechanical equipment near energized configuration involved. The stability of
the storage of materials in areas power lines are contained in those two the equipment in various configurations
restricted to qualified employees. If the subparts—§§ 1926.550(a)(15) and is normally provided by the
materials are stored where only 1926.600(a)(6)—that OSHA has manufacturer, but it can also be derived
qualified workers have access to them, determined not to apply to qualified through engineering analysis. This
the materials may be safely stored closer employees. (Under the proposed rule, paragraph also prohibits the outriggers
to the energized parts than 3.05 meters these two requirements would continue from being extended or retracted outside
(10 feet), providing these employees to apply to unqualified employees.) the clear view of the operator unless all
have sufficient room to perform their Proposed Subpart V contains employees are outside the range of
work. To ensure that enough room is appropriate requirements for the possible equipment motion. Where the
available, paragraph (b)(2) would operation of mechanical equipment by work area or terrain precludes the use
prohibit material from being stored in qualified employees near energized of outriggers, paragraph (b)(2) would
the working space around energized power lines and equipment. While the permit the operation of the equipment
lines or equipment. (See the discussion proposed Subpart V provisions would only within the maximum load ratings
of § 1926.966(b) for an explanation of allow qualified employees to operate as specified by the manufacturer for the
the proposed requirements for access equipment closer to energized lines and particular configuration without
and working space.) equipment than permitted by the two outriggers. These two paragraphs are
The working space about electric generic construction standards, the intended to help ensure the stability of
equipment is the clear space to be proposal also contains the relevant the equipment while loads are being
provided around the equipment to safeguards for protecting employees. handled and to prevent injuries caused
enable qualified employees to work on These safeguards include special by extending outriggers into employees.
the equipment. An employee enters this training for qualified employees Proposed paragraph (c) would require
space to service or maintain the electric (§ 1926.950(b)(2)) and the use of special mechanical equipment used to lift or
equipment. The minimum working safety procedures for such operations move lines or other material to be
space specifies the minimum distance (§ 1926.959(d)). Because of this, OSHA operated within its maximum load
an obstruction can be from the believes that the proposal will provide rating and other design limitations. It is
equipment. For example, if a more appropriate protection for electric important for mechanical equipment to
switchboard is installed in a cabinet power transmission and distribution be used within its design limitations so
into which an employee will enter, the workers than §§ 1926.550(a)(15) and that the lifting equipment does not fail
inside walls of the cabinet must provide 1926.600(a)(6). during use and so that employees are
a minimum working space to enable the Paragraph (a)(2) would require the not otherwise endangered.
employee to work safely within the critical safety components of Even in electric-utility operations,
cabinet. mechanical elevating and rotating contact with live parts through
The minimum approach distance to equipment to be inspected before use on mechanical equipment causes many
be maintained from a live part is the each shift. A thorough visual inspection fatalities each year. A sample of typical
limit of the space about the equipment would be required. It is not necessary to accidents involving the operation of
that a qualified employee is not disassemble equipment to perform this mechanical equipment near overhead
permitted to enter. The minimum visual inspection. The note following lines is given in Table IV–5. Industry
approach distance a qualified employee this paragraph describes what parts practice and existing rules in Subpart V
must maintain from an energized part OSHA considers to be critical safety of the construction standards require
(covered in proposed § 1926.960(c)(1)) is components, that is, any part whose aerial lifts and truck-mounted booms to
smaller than the working space that is failure would result in a free fall or free be kept away from exposed energized
required to be provided around the part. rotation of the boom. These parts are lines and equipment at distances greater
The employee must ‘‘enter’’ the working critical to safety because their failure than or approximately equal to those
space and still maintain the minimum would immediately pose serious proposed in Table V–2 (A–C Live-Line
approach distance. Materials must be hazards to employees. Work Minimum Approach Distance).
stored outside the working space so that Paragraph (a)(3) would prohibit the However, some contact with the
employees are not tempted to work on operator of an electric line truck from energized parts does occur during the
energized equipment in cramped leaving his or her position at the hundreds of thousands of operations
quarters if access is necessary in an controls while a load is suspended, carried out near overhead power lines
each year. If the equipment operator is rather than simple coincidence, requirements are necessary for operating
distracted briefly or if the distances especially when the minimum approach mechanical devices near exposed
involved or the speed of the equipment distances are relatively small. Because energized lines. Paragraph (d) of
towards the line is misjudged, contact these types of contacts cannot be totally proposed § 1926.959 addresses this
with the lines is the expected result, avoided, OSHA believes that additional problem.
TABLE IV–5.—ACCIDENTS INVOLVING THE OPERATION OF MECHANICAL EQUIPMENT NEAR OVERHEAD LINES
Number of fatalities
Type of equipment Grounded Type of Accident

Total
Yes No ?
Boom Truck/Derrick Truck .. 9 2 .................... 7 Boom contact with energized line.

Pole contact with energized line.
Aerial lift .............................. 8 .................... 1 7 Boom contact with energized line.
Lower boom contact with energized line.
Employee working on deenergized line when upper
boom contaced energized line.
Winch on lift used on energized line arced to nearby
ground.
Vehicle ................................ 2 .................... 1 1 Line fell on vehicle.
Unknown type of vehicle and type of accident.
Total ............................. 19 2 2 15
Source: OSHA accident investigation data (269–Ex. 9–2 and 9–2A).
Proposed paragraph (d)(1) would to maintain specific minimum approach the mechanical equipment. For
require the minimum approach distances for the insulated portion of an example, an obstruction may block his
distances in Table V–2 through Table aerial lift operated by a qualified or her view of the clearance. An extra
V–6 to be maintained between the employee in the lift. It should be noted person would be required, by paragraph
mechanical equipment and the live that the employee must still maintain (d)(2), to observe the operation and give
parts while equipment was being the minimum approach distances warnings when the specified minimum
operated near exposed energized lines required in proposed § 1926.960(c)(1). approach distance is approached unless
or equipment. This provision would Paragraph (c)(1) of proposed § 1926.960 the employer could demonstrate that the
ensure that sufficient clearance is would still require the employee to minimum approach distance could be
provided between the mechanical maintain the required distance from accurately determined by the operator.
equipment and the energized part to conductive objects at potentials An aerial lift operator would not
prevent an electric arc from occurring different from that on which he or she normally need to judge the distance
and energizing the equipment. The is working, and proposed between objects that are relatively far
requirement to maintain a minimum § 1926.959(d)(1) would require the away. In most cases, an aerial lift
approach distance also lessens the conductive portions of the boom to operator is maintaining the minimum
chance that the mechanical equipment maintain the same distance from such approach distance from energized parts
will strike the lines and knock them to objects. It should also be noted that the relatively close to the employee, and it
the ground. insulating portion of the boom can be would be easy for the employee to stay
Aerial lifts are designed to enable an bridged by improper positioning of the far enough away. However, even an
employee to position himself or herself boom or by conductive objects aerial lift operator may have difficulty
at elevated locations with a high degree suspended from the aerial lift platform. maintaining the minimum approach
of accuracy. The aerial lift operator is in For example, the insulating portion of distances in certain circumstances.
the bucket next to the energized lines the boom will be bridged if it is resting Sometimes, congested configurations of
and can easily judge the approach against a grounded object, such as a overhead power lines may necessitate
distance. This minimizes the chance utility pole or if the employee in an maintaining clearance from more than
that the equipment will contact an aerial bucket is holding onto a one conductor at a time. Other times, an
energized line and that the energized grounding jumper. For the purposes of aerial lift operator may need to judge the
line will be struck down should contact proposed § 1926.959(d)(1), OSHA would distance between the lower uninsulated
actually occur. Furthermore, the not consider the aerial lift to be portion of the boom and a conductor
employee operating the lift in the bucket insulated when the insulation is well below the employee. In situations
would be protected from the hazards of bridged. like these, where the minimum
contacting the live parts under the Determining the distance between approach distance may be difficult for
provisions of § 1926.960. As the aerial objects that are themselves relatively far an aerial lift operator to maintain, an
lift is insulated, employees on the away from a mechanical equipment observer would be required.
ground are protected from electric shock operator standing on the ground can Proposed paragraph (d)(3) would
in the case of contact with the lines. sometimes be difficult. For example, require one of three alternative
Lastly, proposed § 1926.959(c) and other different perspectives can lead to protective measures to be taken if the
provisions would protect against the different estimates of the distance, and equipment could become energized. The
possibility that the aerial lift would lack of a suitable reference can result in first option (paragraph (d)(3)(i)) is for
strike down the power line. Therefore, errors. In addition, an operator may not the energized lines exposed to contact to
proposed paragraph (d)(1) would be in the best position to observe the be covered with insulating protective
provide an exception to the requirement clearance between an energized part and material that will withstand the type of
contact that might be made during the employers and employees that explain appropriate means are. Additionally,
operation. The second option the various measures and how they can even if the line or equipment has been
(paragraph (d)(3)(ii)) is for the be used. A note referencing this tested and found to be deenergized, it
equipment to be insulated for the appendix has been included in the may become reenergized through
voltage involved. Under this option, the proposal. contact with another source of electric
mechanical equipment would have to be energy or by someone reenergizing it at
Section 1926.960, Working on or Near
positioned so that uninsulated portions its points of control. Proposed section
Exposed Energized Parts
of the equipment could not come within 1926.961 contains requirements for
the specified minimum approach Proposed § 1926.960 covers the deenergizing electric power
distance of the line. The third option hazards of working on or near exposed transmission and distribution lines and
(paragraph (d)(3)(iii)) is for each parts of energized lines or equipment as equipment. Unless the procedures
employee to be protected from the noted in paragraph (a). The provisions contained in that section have been
hazards that might arise from equipment of this section have been taken from followed, lines and equipment cannot
contact with the energized lines. The § 1910.269(l). reliably be considered as deenergized.
measures used would have to ensure Paragraph (b) proposes general Proposed paragraph (b)(2) has been
that employees would not be exposed to requirements for working on or near live taken from the last sentence of the
hazardous differences in potential. (The parts. Paragraph (b)(1) would require introductory text of § 1910.269(l)(1).
following paragraphs describe the types employees working on or with exposed Two-person rule. If an employee
of measures that must be taken. The live parts (at any voltage) of electric
working on or near energized electric
employer must take all of these lines or equipment and employees
power transmission or distribution lines
measures unless he or she can working in areas containing unguarded,
or equipment is injured by an electric
demonstrate that the methods in use uninsulated live parts operating at more
shock, a second employee will be
protect each employee from the hazards than 50 volts to be qualified. Without
needed to provide emergency care to the
that might arise if the equipment proper training in the construction and
injured employee. As noted under the
contacts the energized line.) The operation of the lines and equipment
summary and explanation of
proposal is intended to protect and in the electrical hazards involved,
§ 1926.951(b)(1) discussed earlier in this
employees from electric shock in case workers would likely be electrocuted
preamble, CPR must begin within 4
contact is made. attempting to perform this type of work
and would also expose others to injury, minutes after an employee loses
On the basis of the § 1910.269 consciousness as a result of an electric
rulemaking record, OSHA concluded as well. In areas containing unguarded
live parts energized at more than 50 shock. OSHA is proposing to require the
that vehicle grounding alone could not presence of a second employee during
always be depended upon to provide volts, untrained employees would not
be familiar with the practices that are certain types of work on or near electric
sufficient protection against the hazards power transmission or distribution lines
of mechanical equipment contact with necessary to recognize and avoid
contact with these parts. or equipment to ensure that CPR begins
energized power lines (January 31, 1994, as soon as possible and to help ensure
59 FR 4403). On the other hand, the The definition of ‘‘qualified
employee’’ contains a note to indicate that it starts within the 4-minute
Agency recognized the usefulness of window. (Note that § 1926.951(b)(1)
grounding as a protective measure that employees who are undergoing on-
the-job training are considered to be would require at least two people
against electric shock, when used with trained in emergency first aid
all of the following techniques: qualified if they have demonstrated an
ability to perform duties safely and if procedures, including CPR, for field
(1) Using the best available ground to
they are under the immediate work involving two or more employees
minimize the time the lines remain
supervision of qualified employees. (See at a work location. Also, note that, in
energized,
(2) Bonding equipment together to the definition of this term in proposed the discussion of that proposed
minimize potential differences, § 1926.968 and the discussion of this paragraph, OSHA is requesting
(3) Providing ground mats to extend definition under the summary and comments on whether to require AEDs
areas of equipotential, and explanation of § 1926.968.) Therefore, along with training in CPR.)
(4) Using insulating protective employees in training, under the direct Paragraph (b)(3)(i) of proposed
equipment or barricades to guard supervision of a qualified employee, § 1926.960 would require (unless
against any remaining hazardous would be permitted to perform work on exempted by paragraph (b)(3)(ii)) the
potential differences. live parts and in areas containing presence of at least two employees
The proposed rule recognizes all these unguarded live parts. OSHA believes during the following types of work
techniques, which (1) minimize that the close supervision of trainees involving exposed energized parts:
differences in potential, (2) minimize will reveal errors ‘‘in the act,’’ before (1) Installation, removal, or repair of
the time employees would be exposed they cause accidents. Allowing these lines that are energized at more than 600
to hazardous potentials, and (3) protect workers the experience of performing volts,
against any remaining hazardous tasks under actual conditions may also (2) Installation, removal, or repair of
potentials. Paragraph (d)(3)(iii) of better prepare the employees to work deenergized lines if an employee is
proposed § 1926.959 contains the safely. exposed to contact with other parts
performance-oriented requirement that Paragraph (b)(2) would require lines energized at more than 600 volts,
would assure that employees are and equipment to be considered as (3) Installation, removal, or repair of
protected from the hazards that could energized unless they have been equipment, such as transformers,
arise if the equipment contacts the deenergized under the provisions of capacitors, and regulators, if an
energized parts. The protective § 1926.961. Existing § 1926.950(b)(2) employee is exposed to contact with
measures used would be required to requires electric lines and equipment to parts energized at more than 600 volts,
ensure that employees are not exposed be considered as energized until (4) Work involving the use of
to hazardous differences in potential. determined to be deenergized by tests or mechanical equipment, other than
Information in Appendix C to proposed other appropriate means. The existing insulated aerial lifts, near parts
Subpart V provides guidelines for standard does not spell out what those energized at more than 600 volts, and
(5) Other work that exposes an possible for reasons of public safety. to mitigate the hazards so that the work
employee to electrical hazards greater The proposal, in § 1926.960(b)(3)(ii), could be performed safely. For example,
than or equal to those posed by these recognizes this type of work by granting the employer could provide supple-
operations. exceptions to the two-person rule for the mental lighting for work performed
This rule is based on following operations: where lighting was inadequate.
§ 1910.269(l)(1)(i). The first four work (1) Routine switching of circuits, if
The requirement for at least two
operations are those that expose the employer can demonstrate that
employees to be present during certain
employees to the greatest risk of electric conditions at the site allow this work to
operations does not apply generally if
shock as demonstrated by the be performed safely,
§ 1910.269 rulemaking record. OSHA (2) Work performed with live-line the voltage of the energized parts
has included the fifth category to cover tools if the employee is positioned so involved is 600 volts or less. The
types of work that, while not that he or she is not within reach of or § 1910.269 rulemaking record contained
specifically identified in that record, exposed to contact with energized parts, conflicting data regarding the safety of
pose equal or greater hazards. The and performing work at these voltages. Some
operations covered under (3) Emergency repairs to the witnesses and commenters said that it
§ 1910.269(l)(1)(i) are performed during minimum extent necessary to safeguard was safe to perform such work, but the
construction as well as during the general public. data in the rulemaking record suggested
maintenance. In fact, the construction These exceptions are based on that may not be true (269-Ex. 9–2). More
operations are similar in nature to those § 1910.269(l)(1)(ii). OSHA intends for recent accident data indicate little
performed during maintenance work, these exceptions to be applied narrowly change. Table IV–6 shows the number of
and the Agency believes that the in view of the accidents that have electrocutions for various voltage ranges
hazards are the same. For example, occurred even under these limited for the years 1991 through 1998. In the
using mechanical equipment near a conditions (269–Ex. 9–2). For example, years 1991 to 1994, an average of 3.0
7200-volt overhead power line during accidents involving hot stick work have fatalities occurred per year involving
the construction of a new line poses typically occurred only when the voltages of 600 volts or less. For the
hazards that are equivalent to those employee was using a live-line tool but years 1995 to 1998, when § 1910.269
posed during the use of mechanical was close enough to energized parts to was fully in effect, the average dropped
equipment to replace a damaged pole on be injured—sometimes through direct slightly to 2.5. Consequently, OSHA is
an existing line of the same voltage. contact, other times by contact through requesting comments regarding the
Similarly, the installation of a new conductors being handled. Employees safety of employees working on lines
transformer near a 14.4-kilovolt line have been injured during switching and equipment operating at 600 volts or
poses the same hazards as the operations when unusual conditions, less. What types of work can be
replacement of a transformer near a such as poor lighting, bad weather, and performed safely by an employee
14.4-kilovolt line. Thus, OSHA is hazardous configuration or state of working alone? What additional
proposing to extend the general industry repair of the switching equipment, were precautions are necessary for an
requirement to construction. present. Paragraph (b)(3)(ii)(A) employee working on lines or
However, some work can be addresses this scenario by requiring the equipment operating at 600 volts or less
performed safely by a single employee employer to demonstrate that the to make the work safe without the
or must be performed as quickly as operation can be performed in a manner presence of a second employee?
TABLE IV–6.—FATALITIES BY VOLTAGE AND YEAR

Less than 600 V to 20 100kV and
Year 20 to 80 kV
600 V kV higher
1991 ................................................................................................................................. 3 24 2 1
1992 ................................................................................................................................. 5 24 2 0
1993 ................................................................................................................................. 3 23 3 1
1994 ................................................................................................................................. 1 21 2 2
1995 ................................................................................................................................. 2 22 4 5
1996 ................................................................................................................................. 4 16 0 2
1997 ................................................................................................................................. 1 16 3 1
1998 ................................................................................................................................. 3 13 0 1
Source: OSHA database of electric power generation, transmission, and distribution accidents. These data include only cases involving electro-
cution in which the voltage was indicated in the accident abstract.
Minimum approach distances. For very brief periods, the instantaneous gap that must be present so that an arc
Paragraph (c)(1) of proposed § 1926.960 voltage on a line can be 3 or more times does not occur during the most severe
would require employees to maintain its nominal value. overvoltage on a system. This gap is the
minimum approach distances from The safe minimum approach distance electrical component of the minimum
exposed energized parts. The minimum is intended to assure that an electric arc approach distance. To determine the
approach distances are specified in will not form, even under the most minimum safe approach distance,
Table V–2 through Table V–6. This severe transient overvoltages that can OSHA must then add an extra distance
provision has been taken from occur on a system and even if the to account for ergonomic
§ 1910.269(l)(2). employee makes foreseeable errors in considerations, or human error.
Electric power systems operate at a maintaining the minimum approach The electrical component depends on
given nominal voltage. However, the distance. To determine what this five factors:
actual voltage on a power line varies distance is for a given voltage, OSHA (1) The maximum voltage,
above and below that nominal voltage. must first determine the size of the air (2) The wave shape of this voltage,
(3) The configuration of the ranges inclusive of 72.6 KV to 800 KV. distance. For example, employees
‘‘electrodes’’ forming the end points of All tables were to be established using planning a job to replace spacers on a
the gap, the higher voltage of each separate 500-kV overhead power line can use an
(4) The insulating medium in the gap, voltage range. envelope (or bounds) of anticipated
and Relevant data related to the movement for the job and ensure that
(5) The atmospheric conditions determination of the ergonomic the work procedure they use keeps this
present. component of the minimum approach envelope entirely outside the minimum
The NESC subcommittee having distance include a typical arm’s reach of approach distance. All the employees’
responsibility for the ANSI C–2 about 610 millimeters (2 feet) and a movements during the job would be
minimum approach distance tables reaction time to a stimulus of 0.2 to kept within the envelope. Additionally,
adopted a change in minimum approach more than 1.0 second (269–Ex. 8–19). exposure to conductors at a potential
distances for the 1993 edition of the To prevent an employee from breaching different from the one on which work is
National Electrical Safety Code. The the air gap required for the electrical being performed is limited or
NESC subcommittee developed the component, the ergonomic distance nonexistent. This is because the
minimum approach distance tables must be sufficient for the employee to distance between conductors is much
using the following principles: be able to recognize a hazardous greater than the distance between
• ANSI/IEEE Standard 516 32 was to approach to an energized line and conductors at lower voltages and
be the electrical basis of the NESC Rules withdraw to a safe position. Thus, the because higher voltage systems do not
for approach distances: Table 4 distance should equal the response time present the types of congestion that are
(Alternating Current) and Table 5 multiplied by the average speed of an commonly found on lower voltage
(Direct Current) for voltages above 72.5 employee’s movement plus ‘‘braking’’ systems. Therefore, a smaller ergonomic
KV. Lower voltages were to be based on distance. (This is comparable to the component is appropriate for the higher
ANSI/IEEE Standard 4. The application calculation of total braking distance for voltages. The NESC subcommittee
of ANSI/IEEE Standard 516 was a motor vehicle. This distance equals accepted a value of 0.31 meters (1 foot)
inclusive of the formula used by that the initial speed of the vehicle times the for this component. OSHA has adopted
standard to derive electrical clearance driver’s reaction time plus the braking this distance as well. Therefore, for
distances. distance for the vehicle itself after the voltages over 72.5 kV, the minimum
• Altitude correction factors were to brakes have been applied.) The approach distances proposed in
be in accordance with ANSI/IEEE maximum reach (or range of movement) § 1926.960 adopt the electrical
Standard 516, Table 1. may place an upper bound on the component of the minimum approach
• The maximum design transient ergonomic component, however. distance plus an ergonomic component
overvoltage data to be used in the For system voltages up to 72.5 kV, of 0.31 meters (1 foot).
development of the basic approach phase-to-phase, much of the work is The ergonomic component of the
distance tables were: performed using rubber gloves, and the
• 3.0 per unit for voltages of 362 minimum approach distance is only
employee is working within arm’s reach considered a safety factor that protects
KV and less of energized parts. The ergonomic
• 2.4 per unit for 500 to 550 KV employees in case of errors in judging
component of the minimum approach and maintaining the full minimum
• 2.0 per unit for 765 to 800 KV
• All phase-to-phase values were to distance must account for this since the approach distance, so that the employee
be calculated from the EPRI employee may not have time to react does not breach the electrical
Transmission Line Reference Book for and position himself or herself out of component of the minimum approach
115 to 138 KV. danger. A distance of 610 millimeters (2 distance. The actual working position
• An inadvertent movement factor feet) for the ergonomic component selected must account for the full range
(ergonomic component) intended to appears to meet this criterion and was, of movements that could normally be
account for errors in judging the in fact, adopted by the NESC anticipated 33 while an employee is
approach distance was to be added to all subcommittee. OSHA also accepts this working. Otherwise, the employee
basic electrical approach distances value. Therefore, for voltages of 751 V would violate the minimum approach
(electrical component) for all voltage to 72.5 kV, the minimum approach distance while he or she is working.
ranges. A distance of 0.31 meters (1 foot) distances proposed in § 1926.960 adopt The design of electric power circuits
was to be added to all voltage ranges. the electrical component of minimum over 72.5 kV sometimes does not
An additional 0.3 meters (1 foot) was to approach distance plus an ergonomic provide sufficient clearance between
component of 0.61 meters (2 feet). energized parts at different potential or
be added to voltage ranges below 72.6
For operations involving lines between energized parts and grounded
KV.
energized at voltages over 72.5 kV, the
• The voltage reduction allowance for surfaces to permit employees to
applicable work practices change. maintain the base minimum approach
controlled maximum transient
Generally, live-line tools are employed distances given in proposed Table V–2.
overvoltage was to be such that the
to perform the work while equipment is The Agency has adopted the approach
minimum allowable approach distance
energized. These tools hold the of the NESC subcommittee in the
was not less than the given approach
energized part at a fixed distance from proposal to permit work on such
distance specified for the highest
the employee, ensuring that the systems so long as additional measures
voltage of the given range.
minimum approach distance is
• The transient overvoltage tables are taken to reduce the required
maintained during the work operation.
were to be applied only at voltage minimum approach distance. Proposed
Even when hot sticks are not used, as
32 ANSI/IEEE Std. 516–1987 (the edition in effect during live-line bare-hand work, 33 Anticipated movements include those
when the NESC subcommittee revised the employees use work methods that more necessary to perform the work as well as
minimum approach distances) listed values for the tightly control their movements than ‘‘unexpected’’ movements that an employee could
electrical component of the minimum approach when they perform rubber glove work, reasonably be anticipated to perform, such as
distance, both for air alone as an insulating medium adjusting his or her hard hat, clothing, or
and for live-line tool sticks in air, that were
and it is usually easier to plan ahead of equipment. See Appendix B to Subpart V for a
accepted as being accurate when the standard was time how to keep employees from discussion of the selection of working position with
adopted (by IEEE) in 1987. violating the minimum approach respect to minimum approach distances.
Table V–3, Table V–4, and Table V–5 As noted earlier, proposed Table V–3 from ‘‘exposed’’ energized parts.
recognize the use of gaps and other through Table V–5 permit reduced Guarded live parts, whether they are
means of decreasing the surge factor on minimum approach distances for guarded by enclosures or barriers or are
energized lines as acceptable methods of systems having known maximum guarded by position (isolated), are not
reducing the required minimum transient overvoltages. These tables are addressed by this requirement as they
approach distance.34 These tables list based on Table R–7 through Table R–9 would not be considered ‘‘exposed.’’
minimum approach distances for of § 1910.269. Including language exempting live parts
various surge factors and phase-to-phase The minimum approach distances that are ‘‘guarded’’ or ‘‘isolated’’ would
voltages. proposed in Subpart V for voltages over be redundant and could lead to
The proposal thus provides smaller 750 volts are intended to provide a misinterpretation of the rule.
minimum approach distances for sufficient gap between the worker and Additionally, similar redundancies in
systems with surge factors that are the line so that current could not arc to paragraphs (c)(1)(ii) and (iii) of
limited by means such as system design, the employee under the most adverse § 1926.950 have not been carried
switching controls, and temporary transient voltage that could be imposed forward into paragraphs (c)(1)(ii) and
protective gaps. Frequently, built-in or on the line, plus an extra amount for (c)(1)(iii) of proposed § 1926.960. To
temporary limits on the surge factor on inadvertent movement on the part of the clarify the rule, however, a note has
a system can result in a minimum employee. The electrical component of been included following paragraph
approach distance that is small enough these distances is based on scientific (c)(1)(iii) to indicate that parts of electric
to permit work to be performed without and engineering test data, and the circuits meeting paragraph (f)(1) of
additional protective measures. Because ergonomic component is based on the § 1926.966 are not considered as
the line worker cannot determine surge conditions likely to be present for the ‘‘exposed’’ unless a guard is removed or
factors at the jobsite, surge factor different types of work to be performed an employee enters the space intended
reduction is permitted only when the on electric power generation, to provide isolation from the live parts.
employer can demonstrate, through transmission, and distribution circuits. Proposed § 1926.960(c)(1)(i) contains
engineering analysis, that the possible By contrast, the minimum approach the first exception to maintaining the
surges on the line will be held to values distances in existing Subpart V were minimum approach distances—
no more than permitted under Table V– based on standard industry practice in insulating the employee from the
3, Table V–4, and Table V–5. Methods effect in 1972, when that standard was energized part. This insulation, for
of controlling and determining the surge promulgated. OSHA believes that the example, can take the form of rubber
factor for a system are given in proposed minimum approach distances, insulating gloves and rubber insulating
Appendix B to proposed Subpart V. which are based on sound engineering sleeves. This equipment protects the
OSHA accepted the principles principles, will provide significantly employee from electric shock as he or
adopted by the NESC subcommittee in better protection for employees than the she works on the line or equipment.
forming the minimum approach existing standard. Even though uninsulated parts of the
Table R–6 in existing § 1910.269 employee’s body may come closer to the
distance tables in final § 1910.269.
specifies ‘‘avoid contact’’ as the live part being worked on than would
OSHA reviewed the technical
minimum approach distance for otherwise be permitted by Table V–2
information supporting the
voltages between 50 and 1,000 volts. To through Table V–6, the employee’s hand
subcommittee’s action and found that
make the proposal consistent with ANSI and arm would be insulated from the
the data justify the NESC criteria. After
C2, OSHA is proposing to adopt live part, and the working distances
the adoption of final § 1910.269, the
minimum approach distances of 0.31 involved would be sufficient protection
NESC Committee issued a tentative
meters (1 foot) for voltages between 301 against arc-over. As noted earlier, the
interim amendment correcting some
volts and 750 volts and 0.65 meters (2 minimum approach distance tables
errors in calculating the minimum
feet, 2 inches) for voltages between 751 include a component for inadvertent
approach distances published in ANSI
volts and 15 kilovolts. This increase in movement, which is unnecessary for
C2–1993. The same minimum approach
the minimum approach distance at the employees using rubber insulating
distances are contained in the latest
lower voltages should help prevent equipment. In the worst case situation,
edition of that standard, ANSI C2–2002.
employees from contacting circuit parts an employee would be working on a
In Table V–2 through Table V–6, OSHA
energized at these still dangerous line requiring a 0.84-meter (2-foot, 9-
is proposing to adopt the NESC
levels.36 inch) minimum approach distance. The
minimum approach distances, as
The proposal allows employees to electrical component of this minimum
corrected.35 The Agency believes that
come closer than the minimum approach distance is 0.23 meters (9
this will protect employees from all
approach distance to energized parts inches).37 The distance from the hand to
likely exposure conditions.
under certain conditions, as listed in the elbow is about 0.3 meters (1 foot),
Proposed Table V–5 contains
proposed § 1926.960(c)(1)(i) through and it would be nearly impossible to
minimum approach distances for d-c
(c)(1)(iii). Existing § 1926.950(c)(1)(i), work closer than this distance to a line
voltages between 250 and 750 kilovolts,
from which proposed § 1926.960(c)(1)(i) being held in the hand. Therefore, the
nominal. These distances have been
has been taken, permits the employee to employee would be about 0.3 meters (1
taken directly from Table R–9 of
be insulated, guarded, or isolated from foot) away from the conductor at a
§ 1910.269. Since systems of d-c
the live parts. The language specifically minimum, and, thus, in the worst case
voltages other than those listed are rare,
recognizing guarding and isolation has would still be more than the electrical
no distances were presented for them in
been omitted from the proposal.
the table.
However, it should be noted that the 37 The minimum approach distance for 36.1 to
introductory language in final 46.0 kV, the highest voltage range that can be
34 The decreased surge factor reduces the
§ 1926.960(c)(1) requires minimum worked using rubber insulating gloves, is 0.84
maximum transient voltage on the line and thus meters (2 feet, 9 inches). The electrical component
reduces the electrical component of the minimum approach distances to be maintained of the minimum approach distance is the minimum
approach distance. approach distance minus the ergonomic
35 OSHA is also proposing to make similar 36 OSHA is also proposing to make similar component, 0.65 meters (2 feet), which equals 0.23
changes to § 1910.269. changes to § 1910.269. meters (9 inches).
component of the minimum approach conductive objects other than the live extensive use of insulating equipment to
distance from the conductor. This part upon which work is to be cover energized parts in the employee’s
would protect the employee from performed. Much of the work performed work area would also appear to prevent
sparkover. In any event, the accident under this option is called ‘‘live-line employees’ upper arms and shoulders
data in the record show that the bare-hand’’ work. (For specific practices from contacting live parts (269-Ex. 46).
overriding hazard to employees is posed for this type of work, see the discussion In fact, if every energized part within
by other energized conductors in the of proposed § 1926.964(c).) In this type reach of an employee was insulated,
work area, to which the minimum of work, the employee is in contact with electrical contacts involving other parts
approach distances still apply. The the energized line, like a bird on a wire, of the body, such as an employee’s head
rubber gloves, of course, provide but is not contacting another conductive or back, would be averted as well. The
protection only for the line on which object at a different potential. Because NESC subcommittee on work rules also
work is being performed. there is no complete circuit, current recognized this method as providing
It is important to ensure that cannot flow through the worker, and he protection to employees.
conductors on which the employee is or she is protected. Existing Subpart V does not require
working cannot move unexpectedly Paragraph (c)(1) requires employees to any protection for employees working
while the employee is protected against maintain minimum approach distances on or near exposed live parts beyond the
contact only by rubber insulating gloves from ‘‘exposed’’ energized parts, except use of rubber insulating gloves. To
and sleeves. It would be considered a as noted above. A note following prevent the types of accidents described
violation of the minimum approach paragraph (c)(1)(iii) clarifies that parts of above from occurring in the future, the
distance requirement proposed in electric circuits meeting paragraph (f)(1) Agency has decided to require
§ 1926.960(c)(1) for an employee to be of § 1926.966 are not considered as protection in addition to that required
insulated from an energized part only by ‘‘exposed’’ unless a guard is removed or by existing Subpart V.
rubber insulating gloves and sleeves if an employee enters the space intended The proposal includes a provision,
the part is not under the full control of to provide isolation from the live parts. § 1926.960(c)(2)(i), that would require
the employee at all times. OSHA is Several accidents occurred when the use of rubber insulating sleeves (in
making this explicit in the parenthetical employees working from aerial lifts, addition to rubber insulating gloves),
text in proposed § 1926.960(c)(1)(i) (and either insulated or uninsulated, grabbed unless live parts that could contact an
also in proposed § 1910.269(l)(2)(i)). For an energized conductor. OSHA is employee’s upper arm or shoulder are
example, if an employee were cutting a concerned that some employers may insulated. Employees would be able to
conductor, that conductor would either believe that this practice is safe without work without sleeves by installing
need to be restrained from moving following the procedures outlined in rubber line hose, rubber blankets, and
toward the employee after being cut or proposed § 1926.964(c) on live-line plastic guard equipment on energized
additional insulation would have to be bare-hand work. OSHA requests equipment. However, an employee
used to protect the conductor from comments on whether or not the installing such protective equipment on
striking uninsulated parts of the proposed rule will adequately protect energized lines would have to wear
employee’s body. employees from this type of accident rubber sleeves unless his or her upper
The insulation used would have to be and on what additional requirements, if arms and shoulders are not exposed to
designed for the voltage. (Proposed new any, are needed to prevent this type of contact with other live parts during this
§ 1926.97 gives use voltages for accident. operation.
electrical protective equipment.) As a According to testimony in the OSHA believes that paragraph (c)(2)(i)
clarification, paragraph (c)(1)(i) notes § 1910.269 rulemaking, between five incorporates the most effective approach
that the insulation is considered as and six percent of accidents to preventing accidents involving work
protection only against parts upon experienced by power line workers were on or near exposed live parts.
which work is being performed; the caused when the upper arm of an Several accidents have occurred while
required minimum approach distances employee wearing rubber insulating employees were performing work
would have to be maintained from other (generally on deenergized lines) near
gloves without sleeves contacted an
exposed energized parts. energized parts without using rubber
energized part (269-DC Tr. 558–561).38
As a second exception to maintaining insulating equipment. Because the
This is a significant portion of the total
the minimum approach distances, employees were concentrating on their
number of serious accidents occurring
paragraph (c)(1)(ii) of proposed work, which did not involve the
among electric line workers. The
§ 1926.960 allows the energized part to energized parts, the employees did not
Agency believes that these injuries and
be insulated from the employee. Such pay attention to the distance between
fatalities are clearly preventable.
insulation could be in the form of them and the energized parts and
The use of rubber insulating sleeves
insulating blankets or line hose or other violated the minimum approach
would certainly have prevented most of
suitable insulating equipment. Again, distance. When OSHA cited the
these accidents. However, as
the insulation would have to be employers for violations of existing
demonstrated by the safety record of
adequate for the voltage. § 1926.950(c), the employers
some electric utility companies, the
Paragraphs (c)(1)(i) and (c)(1)(ii) successfully argued that the standard
recognize the protection afforded to the 38 OSHA believes that most, if not all, of these permits employees to work near
employee by an insulating barrier accidents involved contact with conductors and energized parts without the use of
between the employee and the equipment other than the one on which the electrical protective equipment, as long
energized part. As long as the insulation employee had been working. It would be very as they maintain the minimum
unlikely that an employee would touch his upper
is appropriate and is in good condition, arm or shoulder against the part on which he or she
approach distance involved. They
current will not flow through the was working with his or her hands. On the other further argued that, because they require
worker, and he or she is protected. hand, it would be more likely that the employee their employees to maintain these
The third exception (paragraph touched his or her upper arm or shoulder against distances and because their employees
a different live part than the one on which he or
(c)(1)(iii)) to the maintenance of the she is working. The employee’s attention would be
have been trained, the accidents were a
minimum approach distances is to on the live part on which work is being performed result of unpreventable employee
insulate the employee from exposed but might not be on other nearby live parts. misconduct. (See, for example, Central
Kansas Power Co., Inc., 6 OSHC (BNA) equipment once he or she reaches the important for the employee to take a
2118, 1978 WL 6886 (No. 77–3127, work position. Other employers simply working position so that such an event
1978).) require their employees to put their will not increase the severity of any
OSHA does not believe that working gloves and sleeves on before they enter incurred injury. This proposed
very close to, but not on, energized parts the energized area. This practice requirement was taken from
without the use of electrical protective normally requires the employee to use § 1910.269(l)(3). There is no counterpart
equipment is a safe practice. The his or her judgment in determining to this requirement in existing Subpart
Agency further believes that § 1910.269, where to begin wearing the protective V.
which also allows this practice, is not equipment. The proposal recognizes The Agency believes that it is
effective in preventing these accidents both methods of protecting employees, important for an employee to work from
and has concluded that further but ensures that the rubber gloves and a position where a slip or a shock will
regulation is warranted. Toward this sleeves are being worn once the not bring him or her into contact with
end, OSHA has gone beyond § 1910.269 employee reaches a position from which an energized part unless other
by proposing two additional he or she can reach into the minimum conditions, such as the configuration of
requirements:39 approach distance. The Agency requests the lines involved, would make another
(1) If work is performed near exposed comments on the need for this working position safer. The position
parts energized at more than 600 volts requirement and on whether or not the taken must be the most protective
but not more than 72.5 kilovolts and if provision as proposed will protect available to accomplish the task. In
the employee is not insulated from the employees from the hazards involved. certain situations, this work position
energized parts or performing live-line Proposed paragraph (d)(2) would may not be the most efficient one. The
bare-hand work, the employee would ensure that an employee who is not language proposed in § 1926.960(d)(1)
have to work from a position where the insulated from parts energized between recognizes situations that preclude
employee would not be able to reach 600 volts and 72.5 kilovolts is working working from a position from which a
into the minimum approach distance at a safe distance from the parts. This slip would bring the employee into
(proposed § 1926.960(d)(2)), and provision does not apply to voltages of contact with a live part. The language
(2) If the employee is to be insulated 600 volts and less to permit work on contained in this provision also allows
from energized parts by the use of equipment without requiring the such options as guarding or insulating
insulating gloves or insulating gloves employee to cover energized parts the live part as alternative means of
with sleeves, the insulating gloves and unnecessarily. Much of the work compliance.
sleeves would have to be put on and performed at these lower voltages Connecting and disconnecting lines
removed in a position where the involves the use of insulating hand tools and equipment. Paragraph (e) addresses
employee would not be able to reach in a panelboard or cabinet. The chance the practices of connecting and
into the minimum approach distance of contacting a live part with the disconnecting lines and equipment.
(proposed § 1926.960(c)(2)(ii)). shoulder is extremely low because of Common industry practice, as reflected
These two provisions taken together the layout of live parts within the in ANSI C2–2002, Section 443F, is to
will ensure that an employee working enclosure. The electrical clearances make a connection so that the source is
near energized parts will not be able to between energized parts for voltages in connected as the last item in sequence
reach within the minimum approach this range are small enough that all and to break a connection so that the
distance unless using rubber insulating energized circuit parts will normally be source is removed as the first item in
equipment. Thus, any time an employee in front of the employee, enabling the sequence. In this way, conducting wires
is within reach of the minimum worker to maintain the required and devices used to make and break the
approach distance, he or she would minimum approach distance easily. The connection are deenergized during
need to be wearing rubber insulating proposed paragraph does not apply almost the entire procedure. These
gloves or the energized parts would when the voltage exceeds 72.5 kilovolts, practices would be required by
need to be insulated from the employee, because the minimum approach paragraphs (e)(1) and (e)(2). Since these
and any employee who is not protected distances generally become greater wires and devices must be handled
by insulating equipment would need to beyond this voltage and because rubber during the procedure, the proposed
stay far enough away from energized insulating equipment cannot be used for requirements would reduce the chance
parts that he or she could not reach these higher voltages.40 OSHA requests for an electrical accident. Also, to
within the minimum approach distance. comments on the need for this prevent the disconnected conductors
Proposed paragraph (c)(2)(ii) would requirement and on whether there are from being energized, loose ends of
ensure that employees don rubber other effective means of protecting conductors must be kept away from live
insulating gloves and sleeves from a safe employees from the hazard involved. parts, as would be required by
position. OSHA is aware that some Paragraph (d)(1) of proposed paragraph (e)(3). These three proposed
employers have a ground-to-ground rule § 1926.960 would require employees to provisions, which have no counterparts
requiring their employees to wear position themselves, to the extent that in existing Subpart V, have been taken
rubber insulating gloves before leaving other safety-related conditions at the from § 1910.269(l)(5).
the ground to work on energized lines worksite permit, so that a shock or slip Paragraph (f) of proposed § 1926.960,
or equipment and to leave the gloves would not cause the worker’s body to which was taken from
and sleeves on until the employees move towards exposed parts at a § 1910.269(l)(6)(i), would prohibit the
return to the ground. This practice potential different from that of the wearing of conductive articles by
ensures that employees are indeed employee. Since slips, and even electric employees working within reach of
wearing the rubber gloves and sleeves shocks, are not entirely preventable, it is exposed live parts of equipment if these
before they reach the energized area and articles would increase the hazards
eliminates the chance that an employee 40 The maximum use voltage for Class 4 rubber associated with accidental contact with
insulating equipment is 36 kilovolts. The highest the live parts. If an employee wants to
will forget to don the protective voltage on which this equipment can be used is 62
kilovolts if there is no multiphase exposure. This
wear metal jewelry, he or she can cover
39 OSHA is also proposing to make similar voltage falls in the Table V–1 range of 46.1 to 72.5 the jewelry so as to eliminate the
changes to § 1910.269. kV. contact hazard. This requirement is not
intended to preclude workers from this period, there were 4.0 accidents and standards ensure not only that clothing
wearing metal rings or watch bands if 6.2 injuries per year. Thus, while the does not ignite but that it is rated to
the work being performed already clothing rule in § 1910.269 appears to provide protection against a given level
exposes them to electric shock hazards have helped reduce the number of of heat energy. Apparel that meets the
and if the wearing of metal would not accidents and injuries by more than 50 ASTM standards is labeled with the
increase the hazards. (For example, for percent, for two reasons, OSHA believes amount of heat energy that it can absorb
work performed on an overhead line, that the remaining risk of burn injury is under laboratory test conditions without
the wearing of a ring does not increase still serious and significant. First, these letting through sufficient heat to cause
the likelihood that an employee would accidents represent only a small fraction a second-degree burn. Clothing is
contact the line, nor would it increase of those that have actually occurred currently widely available in ratings
the severity of the injury should contact during this time. Employers are only from about 4 cal/cm2 to over 50 cal/cm2.
occur.) However, this requirement required to report to the Agency In general, the higher the rating, the
would protect employees working on accidents involving fatalities or three or heavier the clothing.
energized circuits with small clearances more hospitalized injuries. OSHA does As described more fully below, OSHA
and high current capacities (such as not investigate accidents that are not has decided to propose a rule that
some battery-supplied circuits) from reported by employers (that is, those would require employers to estimate the
severe burn hazards to which they involving two or fewer hospitalized heat energy from electric arcs that may
would otherwise be exposed. The rule employees and no deaths) unless it be encountered by employees and to
also protects workers who are only results in extensive property damage or provide clothing that will be flame
minimally exposed to shock hazards presents potential worker injury and resistant if it could be ignited when an
from being injured as a result of a generates widespread media interest. electrical fault occurs and that can
dangling chain’s making contact with a (See OSHA directives CPL 02–00–103 protect against the estimated level of
energized part. This provision has no and CPL 02–00–094.) Consequently, energy when an electric arc occurs. The
counterpart in existing Subpart V. most injury-producing accidents, even Agency believes that this rule, which is
Protection from electric arcs. serious ones, are not investigated by the proposed in § 1926.960(g), will ensure
Proposed paragraph (g) addresses Agency. Second, the reported burn that employees wear protective clothing
clothing worn by an employee. After injuries are very serious and costly. that is reasonably protective for the
reviewing the rulemaking record on Eighty-four percent of the burn injuries hazards they are facing.41
§ 1910.269, OSHA determined that were fatalities or required Paragraph (g)(1) of proposed
electric power generation, transmission, hospitalization. Eighty-seven percent of § 1926.960 would require the employer
and distribution workers face a the accidents for which the severity of to assess the workplace to determine if
significant risk of injury from burns due the injury was noted involved third- employees are exposed to hazards from
to electric arcs (January 31, 1994, 59 FR degree burns. Such burns are extremely flames or electric arcs. This provision
4388–4389). OSHA also concluded that painful and costly, typically requiring ensures that the employer evaluates
certain fabrics increase the extent of skin grafts and leaving permanent scars. employee exposure to flames and
injuries to employees caught in an OSHA’s existing clothing requirement electric arcs so that employees who do
electric arc or otherwise exposed to in § 1910.269 does not require face such exposures can be protected.
flames. Therefore, the Agency adopted employers to protect employees from Because § 1926.960 applies to work
two rules: (1) paragraph (l)(6)(ii) of electric arcs through the use of flame- performed on or near energized parts of
§ 1910.269, which requires that resistant clothing. It simply requires that electric circuits, employers can base a
employees exposed to flames and an employee’s clothing do no greater portion of the assessment required by
electric arcs be trained in the hazards harm. Because of the serious nature of paragraph (g)(1) on a determination of
related to the clothing that they wear, the still remaining risk to power which employees perform energized
and (2) paragraph (l)(6)(iii) which workers from electric arcs, the Agency work covered by this section. It should
prohibits apparel that could increase the believes that the standard should be be noted, however, that until a line or
extent of injuries received by a worker revised to require the use of flame- part of an electric circuit has been
who is exposed to a flame or electric resistant clothing, under certain completely deenergized following the
arc. OSHA also included a note circumstances, to protect employees procedures required by § 1926.961,
following paragraph (l)(6)(iii) to indicate from the most severe burns. The electric including any required testing and
the types of clothing fabrics that the power industry is beginning to grounding, the line or part would have
§ 1910.269 rulemaking record recognize this need as evidenced by the to be treated as energized.
demonstrated were hazardous to wear many employers who provide flame- Once an employer determines who is
by employees exposed to electric arcs. resistant clothing to employees, by the exposed to hazards from flames or
Since § 1910.269(l)(6)(iii) became work of ASTM in writing standards that electric arcs, the next step in protecting
effective on November 1, 1994, provide for arc ratings of protective these employees is a determination of
employees have continued to suffer clothing, and by the ongoing work the extent of the hazard. Paragraph (g)(2)
burn injuries working on energized lines towards a protective standard by the would require the employer to estimate
and equipment. From January 1, 1990, committee responsible for writing work the maximum amount of heat energy to
to October 30, 1994, there were 46 rules for the NESC. The National Fire which employees would be exposed.
accidents investigated by Federal or Protection Association also recognizes This estimate can be used in the
State OSHA involving burns that would the need to protect employees working selection of protective clothing, as
have been addressed by on energized equipment from the discussed later.
§ 1910.269(l)(6)(iii). These 46 accidents hazards posed by electric arcs. OSHA is aware of various methods of
resulted in 71 total injuries. Averaged In addition, when § 1910.269 was calculating values of available heat
over this period, there were 9.5 promulgated, there were no standards energy from an electric circuit. These
accidents and 14.7 injuries per year. for clothing to protect employees from methods are listed in Table IV–7. Each
From November 1, 1994, to December the thermal hazards resulting from
31, 1998, there were 17 such accidents electric arcs. Since then, ASTM has 41 OSHA is also proposing to make similar
resulting in 26 injuries. Averaged over adopted such standards. These changes in § 1910.269.
method requires the input of various This is partly because of the with respect to the estimates of the
parameters, such as fault current, the unpredictability of an electric arc and maximum available heat energy.
expected length of the electric arc, the partly because of the different ways the Two notes following proposed
distance from the arc to the employee, methods were developed. Some, like the § 1926.960(g)(2) help explain how to
and the clearing time for the fault (that NFPA 70E method, are based in theory. comply with the rule. The first note
is, the time the circuit protective Others, like the IEEE 1584 method, are states that Appendix F to Subpart V
devices take to open the circuit and based on empirical data. Whichever provides guidance on the estimation of
clear the fault). Some of these method is used, it is important to use it available heat energy. This appendix
parameters, such as the fault current within its limitations. For example, the discusses various methods of estimating
and the clearing time, are known values produced by the Heat Flux electric arc heat energy levels and
quantities for a given system. Other Calculator must be adjusted if provides tables that can also be used for
parameters, such as the length of the arc employees are exposed to energy from a this purpose. OSHA requests comments
and the distance between the arc and multiphase fault or if the heat energy on this appendix and on whether
the employee, vary widely and can only would be reflected by nearby surfaces.42 additional information is available to
be estimated. OSHA is not endorsing Because of the variability imposed by help employers and employees estimate
any of the methods listed in Table IV– these factors, OSHA has preliminarily available heat energy. The second note
7. The Agency requests comments and concluded that it is not possible to indicates that the employer may use
information on these and any other predict exactly how much energy an broad estimates representing multiple
available methods of calculating employee would face if an electric arc system areas if the employer uses
incident heat energy from electric arcs. occurs. On the other hand, it is clear reasonable assumptions about the
that when more electrical energy is exposure distribution throughout the
TABLE IV–7.—METHODS OF CALCU- available more heat will be generated by system and if those estimates represent
LATING INCIDENT HEAT ENERGY an electric arc and the potential for the maximum exposure for those
severe injury is greater. The Agency particular areas. This note clarifies that
FROM AN ELECTRIC ARC the rule is not intended to require
believes that greater protection is
warranted when greater hazards exist. separate calculations for each job or
1. Standard for Electrical Safety Require-
ments for Employee Workplaces, NFPA Thus, OSHA is proposing a standard task.
Much of the flame-resistant clothing
70E–2004, Annex D, ‘‘Sample Calculation that requires reasonable, but not exact,
of Flash Protection Boundary.’’ available today comes with an arc
estimates of the heat energy to which an
2. Doughty, T.E., Neal, and Floyd II, H.L., rating.43 In basic terms, an arc rating
employee could be exposed.
‘‘Predicting Incident Energy to Better Man- indicates that a fabric is not expected to
Additionally, OSHA is not proposing
age the Electric Arc Hazard on 600 V transfer sufficient thermal energy to
a standard based entirely on worst-case
Power Distribution Systems,’’ Record of cause a second-degree burn when tested
Conference papers IEEE IAS 45th Annual exposure. The worst case occurs when
under standard laboratory conditions
Petroleum and Chemical Industry Con- an electric arc powered by the
exposing the fabric to an electric arc that
ference, September 28–30, 1998. maximum available fault current is radiates an energy at or below the
3. Guide for Performing Arc Flash Hazard against an employee’s skin. In such rating.44 Proposed paragraph (g)(5)
Calculations, IEEE 1584–2002. cases, the distance between the would require that employees who are
4. Heat Flux Calculator, a free software pro- employee and the arc is zero, and the
gram created by Alan Privette (widely exposed to hazards from electric arcs
energy is extremely high even for wear clothing with an arc rating greater
available on the Internet). relatively low-current arcs. The Agency
5. ARCPRO, a commercially available soft- than or equal to the heat energy
ware program developed by Kinectrics, To-
does not believe it is reasonable to estimated under proposed paragraph
ronto, ON, CA. require a correspondingly high degree of (g)(2). This clothing will protect
protection for relatively low-energy arcs, employees exposed to various levels of
The amount of heat energy calculated which would put employees in very heat energy from sustaining severe burn
by any of the methods is approximately heavy clothing. injuries in areas covered by the clothing.
proportional to the square of the On the other hand, OSHA believes The note following paragraph (g)
distance between the employee and the that it is appropriate for the employer to explains that Appendix F to Subpart V
arc. In other words, if the employee is provide a level of protection that is contains information on the selection of
very close to the arc, the heat energy is reasonably related to the thermal hazard appropriate clothing. This appendix
very high; but if he or she is just a few involved. A 50-cal/cm2 exposure calls
more centimeters away, the heat energy for more protection than a 5-cal/cm2 43 The ASTM standards governing arc rating
drops substantially. exposure. Although none of the require the fabric being tested to be flame resistant.
In addition, the fault current and methods can predict precisely how Thus, no nonflame-resistant clothing has an arc
rating.
clearing time are interdependent. much heat energy an employee will 44 Arc rating is defined in ASTM F1506–02ae1,
Typically, the higher the fault current, face, they do provide a good indication Standard Performance Specification for Flame
the shorter the clearing time. It is quite of the relative severity of the exposure Resistant Textile Materials for Wearing Apparel for
possible that the maximum heat energy and the approximate level of protection Use by Electrical Workers Exposed to Momentary
needed. Thus, the Agency is proposing Electric Arc and Related Thermal Hazards: ‘‘a value
will result from a fault current that is that indicates the arc performance of a material or
well below maximum but that results in a rule that it believes requires system of materials. It is either the arc thermal
a relatively long clearing time. In order reasonable estimates of the amount of performance value (ATPV) or breakdown threshold
to calculate the worst case heat energy, heat energy an employee is likely to face energy (EBT), when the ATPV cannot be determined
and to provide a corresponding level of by Test Method F1959.’’ ASTM F1959–99 defines
an employer would have to perform a ATPV as ‘‘in arc testing, the incident energy on a
range of calculations for each system protection. OSHA requests comments fabric or material that results in sufficient heat
area. on whether the proposed rule requires transfer through the fabric or material to cause the
Furthermore, the method of an appropriate level of protection and onset of a second-degree burn based on the Stoll
clearly defines employer obligations curve.’’ That same standard defines EBT as ‘‘the
calculation can affect the results. Each average of the five highest incident energy exposure
method yields somewhat different values below the Stoll curve where the specimens
values using the same input parameters. 42 This exposure is known as ‘‘arc in a box.’’ do not exhibit breakopen.’’
contains information on the ignition intended to prevent these conductors contact with live parts energized at
threshold of various fabrics, the thermal from melting.) The listed conditions are more than 600 volts. The Agency
performance of typical arc-rated those in which employees’ clothing has requests comments on whether the
clothing, ways of estimating available been ignited in several of the burn requirements for flame-resistant
heat energy, and ways of selecting accidents examined by OSHA. clothing in proposed § 1926.960(g)(4)
clothing to protect employees from burn OSHA could have, more simply, are reasonable and appropriate.
injuries resulting from electric arcs. required clothing that could not ignite OSHA is not proposing to require a
Even with the requirements for the and continue to burn under the heat specific level of protection for skin that
employer to assess hazards (proposed energy conditions estimated pursuant to is not covered by clothing. Employees’
paragraph (g)(2)) and for employees to proposed paragraph (g)(2). However, as hands, which are frequently the closest
wear clothing with a rating appropriate noted earlier, these estimates do not body part to an electric arc, would
for this assessment (proposed paragraph entirely reflect the heat energy produced typically be protected by rubber
(g)(5)), there are still situations that by worst case conditions. If the other insulating gloves and leather protectors
could arise under which an employee’s parameters affecting the energy in an arc when the employee’s hands are at
clothing could ignite and lead to severe are held constant, the heat energy rises greatest risk of injury. Although neither
burn injuries. For example, an employee exponentially with decreasing distance rubber insulating gloves nor leather
wearing a cotton-polyester blend jacket between the arc and the employee. protectors have arc ratings, because of
over his or her arc-rated shirt could be Thus, an electric arc that touches an their weight and thickness, they
injured if the jacket ignites or melts employee’s clothing releases much more typically provide greater protection
when an electric arc occurs. Thus, energy than the same arc at a distance from electric arcs than light-weight
OSHA is proposing, in paragraphs (g)(3) equal to the minimum approach flame-resistant clothing. Their
and (g)(4), additional provisions distance. For example, the heat energy protective value is borne out in the
intended to prevent the ignition or from a 51-millimeter-long arc, generated accident data—none of the burn injuries
melting of an employee’s clothing. by 20 kiloamperes of fault current at 15 to employees hands involved an
Proposed § 1926.960(g)(3) would kilovolts, and clearing in 6 cycles is 1.23 employee wearing rubber insulating
prohibit clothing that could either melt cal/cm2 if the arc is 650 millimeters gloves. OSHA requests comments on
onto an employee’s skin or ignite and away, but is 1971 cal/cm2 if the arc is whether the standard should require
continue to burn. This rule is equivalent 10 millimeters away.46 None of the complete protection for an employee’s
to existing § 1910.269(l)(6)(iii).45 This common fabrics listed in Table 11 in entire body.
proposed provision would ensure that Appendix F to Subpart V (explained Payment for Protective Clothing. As
employees exposed to electric arcs do below) would ignite if the arc was 650 described earlier, OSHA is requiring
not wear clothing presenting the most millimeters away from the employee, employers to ensure that their
severe burn hazards. A note following but every one would ignite if the arc employees (1) wear flame-resistant
this provision lists fabrics that are was only 10 millimeters away. clothing under certain hazardous
specifically prohibited unless the The closest an electric arc was to an conditions, and (2) when working on
employer demonstrates that the clothing employee in electric power accidents energized parts of the electric power
is treated or worn to eliminate the over the years 1991 to 1998 occurred in system, wear clothing with an arc rating
hazard. This note is the same as the note 17 cases in which an employee greater than or equal to potential heat
following existing § 1910.269(l)(6)(iii). contacted an energized conductor or energy exposures estimated for those
OSHA requests comments on whether was touching the electric arc. In eight of parts. OSHA considers the protective
additional fabrics pose similar hazards those cases, an employee’s clothing clothing required by paragraph (g) to be
and should be added to the note. apparently ignited.47 On the other hand, PPE. The protective clothing would
Proposed paragraph (g)(4) would none of the accidents involved contact reduce the degree of injury sustained by
require employees to wear flame- with circuit parts energized at 600 volts an employee when an electric arc
resistant clothing whenever: (1) The or less. OSHA believes that the cases occurs. In some cases, the clothing
employee is exposed to contact with that have occurred demonstrate a would prevent injury altogether. Unlike
live parts energized at more than 600 significant risk that an employee’s many OSHA standards, the proposal
volts (paragraph (g)(4)(i)); (2) the clothing could ignite and cause serious, would not require that employers
employee’s clothing could be ignited by even fatal, burn injuries from ignited provide protective clothing at no cost to
nearby flammable material that could be clothing when an employee contacts employees. However, OSHA is
ignited by an electric arc (paragraph circuit parts energized at more than 600 considering including an employer-
(g)(4)(ii)); or (3) the employee’s clothing volts. Therefore, OSHA has payment requirement in the final rule
could be ignited by molten metal or preliminarily concluded that an and is seeking comments on the issue.
electric arcs from faulted conductors in employee must wear flame-resistant OSHA has a longstanding policy that
the work area (paragraph (g)(4)(iii)). (A clothing any time he or she is subject to employers must provide and pay for
note to proposed paragraph (g)(4)(iii) PPE, except, in some cases, where the
indicates that this provision does not 46 These heat energy estimates are calculated PPE is personal in nature and usable by
apply to conductors capable of carrying using ARCPRO. the employee off of the job. This policy
47 The accident description indicated that the
the maximum available fault current. is supported by the plain language of
clothing ignited or stated that the extent of the
The design of the installation is burns or the location of the burns was such that the OSH Act and its legislative history.
clothing ignition was likely to have occurred. For (For a complete discussion of OSHA’s
45 The existing rule prohibits clothing that could example, in one case, a 4100-volt conductor fell policy, see OSHA’s preamble to the
increase the extent of injuries to an employee if an onto an employee’s chest. The employee survived employer payment for PPE proposal, 64
electric arc occurs. The Agency interprets this rule the electric shock but died from second- and third-
as prohibiting clothing that could melt or that could degree burns over 60 percent of his body. The FR 15402 (March 31, 1999).) Many
ignite and continue to burn in the presence of an electrical burns from the contact were probably OSHA health standards include
electric arc faced by an employee (Memorandum to localized to the area near the point of contact. It is language explicitly stating that
the Field from James W. Stanley, ‘‘Guidelines for likely that the employee’s clothing ignited to cause
the Enforcement of the Apparel Standard, 29 CFR burns that were spread over 60 percent of his body
employers must provide PPE ‘‘at no
1910.269(l)(6), of the Electric Power Generation, though the accident description did not state that cost’’ to employees. See, for example, 29
Transmission, and Distribution Standard’’). clothing ignition occurred. CFR 1910.1018(h)(2)(i) and (j) (inorganic
arsenic); 29 CFR 1910.1025(f)(1) and by electric power generation, OSHA is seeking comments on its
(g)(1) (lead); and 29 CFR 1910.1048(g)(1) transmission, and distribution findings on protective clothing generally
and (h) (formaldehyde). The regulatory employers, who have all of the in addition to the following specific
text and preamble of some safety information related to the parameters of questions:
standards also make clear that the electric power system and are in the 1. Are there types or weights of
employers must pay for PPE. See 29 best position to select and purchase protective clothing that employees
CFR 1910.146(d)(4)(iv) (confined clothing necessary to protect employees typically wear outside of work? Do
spaces); and 29 CFR 1910.266(d)(1)(iii) from injury. Moreover, an employer- employers restrict the types or weights
(logging). payment requirement could also help of protective clothing that employees
Because not every OSHA standard ensure that protective clothing is are allowed to wear outside of work?
explicitly states that employers must replaced promptly when its protective 2. Do employers typically provide the
pay for PPE, in 1999, OSHA proposed qualities erode. Some stakeholders have types of protective clothing required by
regulatory language to clarify that told OSHA that employees, if required the proposal at no cost to employees?
employers are responsible for the cost of to pay for their own protective clothing, Do some employers provide certain
PPE, with only a few exceptions (64 FR may delay replacing damaged protective types or weights of protective clothing
15402). The proposal added language to clothing for financial reasons. Any delay at no cost to employees, while requiring
OSHA’s general industry, shipyard, in replacing an article of protective other types or weights of protective
construction, marine terminal, and clothing that has worn thin, or that clothing to be paid for by employees?
longshoring standards that ‘‘[a]ll contains holes or other openings, could Should OSHA include an employer-
protective equipment, including [PPE] endanger employees. Such damaged payment requirement for heavier
* * * shall be provided by the clothing does not provide adequate weights or particular types of protective
employer at no cost to employees [64 FR protection to employees exposed to clothing, but not lighter weights or other
15441 (emphasis added)].’’ Exceptions electric arcs. types? If so, please specify what weights
were given for safety-toe protective Unlike Cr(VI), however, this proposal or types of protective clothing should be
footwear and prescription safety contains no prohibition on employees’ exempt from an employer-payment
eyewear, provided that the employer taking certain protective clothing home, requirement.
permits them to be worn off of the job 3. OSHA realizes that in the
wearing certain protective clothing off
site, they are not used in a manner that construction industry crews of
of the job, and laundering such clothing.
makes them unsafe for use off of the job employees are sometimes hired through
OSHA has not included an employer-
site, and they are not designed for local unions. This results in a variable
payment requirement in this proposal
special use on the job (64 FR 15441). workforce for many contractors. A
because it does not have enough
OSHA recently reopened the contractor that hires employees in this
information at this time on the types
rulemaking record on its employer manner may have to buy protective
and weights of protective clothing, if
payment for PPE proposal. to solicit clothing for more employees than would
any, that may be routinely worn outside
comment on PPE that might be an employer with a more stable
of work.48 There may be certain types of workforce, particularly for protective
considered tools of the trade. See 69 FR lightweight protective clothing that
41221 (July 8, 2004). clothing that only fits one employee.
employees wear both at work and at OSHA requests comment on whether,
OSHA also recently proposed that
home. OSHA believes it needs more given this hiring practice, an employer-
employers in general industry,
information from the public on this payment requirement is appropriate in
maritime, and construction, pay for
clothing before including a general the construction industry. Are there any
protective clothing for employees
requirement that employers pay for alternative approaches that would be
exposed to hexavalent chromium
(Cr(VI)). See 69 FR 59465–59466 (Oct. 4, protective clothing. In the PPE payment responsive to this variable workforce
2004) (‘‘Where a hazard is present or is proposal, OSHA expressly exempted situation and would also be protective
likely to be present from skin or eye safety shoes and prescription eyewear of construction workers performing
contact with chromium (VI), the from the general employer-payment electric power generation, transmission,
employer shall provide appropriate requirement, in part because such and distribution work?
personal protective clothing and equipment was personal in nature and 4. Should OSHA not address the
equipment at no cost to employees, and could be used outside of work. See 64 payment for protective clothing
shall ensure that employees use such FR 15402. OSHA is seeking information specifically in the final rule and,
clothing and equipment.’’). The Agency from the public as to whether protective instead, follow the outcome of the
said that employers are in the best clothing worn by employees performing general employer payment for PPE
position to select and obtain the power generation, transmission, and rulemaking?
appropriate protective clothing and that distribution work falls into this same To protect employees from contacting
by providing and owning protective category of PPE. OSHA is also energized parts, paragraph (h) of
clothing, the employer will better incorporating the record of the employer proposed § 1926.960 would require
maintain the integrity of it (69 FR payment for PPE rulemaking into the fuses to be installed and removed using
59456). The proposal also prohibits record of this rulemaking and will give insulated tools or gloves when a
employees from taking contaminated due consideration to all relevant terminal is energized at over 300 volts
protective clothing home; employers are comments. or when live parts are exposed at any
responsible for laundering or disposing voltage over 50 volts. When an
48 OSHA notes that, for ease of analysis only, it
of contaminated protective clothing (69 expulsion fuse operates on a fault or
has included a cost to employers for providing
FR 59456). protective clothing in its economic feasibility
overload, the arc from the fault current
OSHA believes that requiring analysis—in addition to its economic impact erodes the tube of the fuse holder. This
employers to pay for the protective analysis under Executive Order 12866 and the produces a gas that blasts the arc out
clothing that would be required by this RFA—even though such a requirement is not through the fuse tube vent or vents, and
expressly included in the proposal. See Section V,
proposal may also improve the safety of Preliminary Regulatory Impact Analysis and Initial
with it any loose material in the way.
employees. Like Cr(VI), the purchase of Regulatory Flexibility Analysis, later in this Employees could be injured by the arc
protective clothing may be best handled preamble. blast or by particles blown, by the blast,
in their eyes. Employees should never being reenergized by means other than under the control of a system operator.
install or remove such fuses using the normal energy sources. For example, In the usual case, one employee is
gloves alone. Therefore, paragraph (h) lightning can strike a line and energize designated to be in charge of the
would also require employees installing an otherwise deenergized conductor, or clearance. In general, all of the
expulsion-type fuses energized at 300 a line could be energized by unknown requirements in paragraph (c) would
volts or more to wear eye protection, cogeneration sources not under the apply, with the employee in charge of
would have to use a tool rated for the control of the employer. Additionally, the clearance taking the place of the
voltage, and would have to stand clear some deenergized transmission and system operator. In this manner, the
of the fuse’s exhaust path. This distribution lines are subject to being proposal provides protection against the
paragraph, which has no counterpart in reenergized by induced voltage from unintended energizing of transmission
existing Subpart V, has been taken from nearby energized conductors or by and distribution lines without requiring
§ 1910.269(l)(7). contact with other energized sources of all lines to be under the control of one
Paragraph (i) explains that covered electrical energy. Another difference is employee. One employee in a crew will
conductors are treated under the that energy control devices are often be in charge of the clearance for the
standard as uninsulated. (See the very remote from the worksite and are crew; procedures will be followed to
definition of ‘‘covered conductor’’ in frequently under the centralized control ensure that the lines are truly
§ 1926.968.) The covering on this type of of a system operator. deenergized; tags will be placed on the
wire protects the conductor from the For these reasons, OSHA is proposing lines; and procedures will be followed
weather but does not provide adequate to cover the control of hazardous energy to remove the tags and reenergize the
insulating value. This provision, which sources related to transmission and lines.
has no counterpart in existing Subpart distribution systems. This is the same However, in some cases, certain
V, has been taken from § 1910.269(l)(8). approach used in § 1910.269. In fact, the requirements contained in paragraph (c)
Paragraph (j) proposes a requirement requirements proposed in § 1926.961 are not necessary for the safety of
that noncurrent-carrying metal parts of have been taken from § 1910.269(m). employees. If only one crew will be
equipment or devices be treated as Existing Subpart V also contains working on transmission or distribution
energized at the highest voltage to procedures for deenergizing lines and if the means of deenergizing
which they are exposed unless the transmission and distribution the lines is accessible and visible to and
installation is inspected and these parts installations. The differences between under the sole control of the employee
are determined to be grounded. the existing requirements, which are in charge of the clearance, the
Grounding these parts, whether by contained in § 1926.950(d), and those provisions requiring tags on the
permanent grounds or by the proposed in § 1926.961 are discussed disconnecting means are unnecessary.
installation of temporary grounds, later in this preamble. Therefore, proposed paragraph (b)(3)(i)
would provide protection against In addition to setting forth the would exempt a portion of the
ground faults. This requirement, which application of § 1926.961, paragraph (a) requirements of paragraph (c) from
has no counterpart in existing Subpart explains that conductors and equipment applying to work that is performed by
V, is based on § 1910.269(l)(9). that have not been deenergized under a single crew of employees,49 if the
Paragraph (k) would require devices the procedures of § 1926.961 have to be means of disconnection of the lines and
used to open circuits under load treated as energized. As noted earlier in equipment are accessible and visible to
conditions to be designed to interrupt this preamble under the summary and and under the sole control of the
the current involved. It is hazardous to explanation of proposed employee in charge of the clearance.
open a circuit with a device that is not § 1926.960(b)(2), existing The provisions of paragraph (c) that
designed to interrupt current if that § 1926.950(b)(2) requires electric would not apply are those relating to (1)
circuit is carrying current. Non-load- equipment and lines to be considered as requesting the system operator to
break switches used to open a circuit energized until determined to be deenergize the lines, (2) automatic and
while it is carrying load current could deenergized by tests or other remote control of the lines, (3) the
fail catastrophically, severely injuring or appropriate means. OSHA believes that wording on tags, (4) two crews working
killing any nearby employee. This the appropriate procedures for assuring on the same line, and (5) tag removal.
requirement, which has no counterpart that lines and equipment are It is not necessary to request the system
in existing Subpart V, has been taken deenergized are contained in proposed operator to deenergize the lines because
from § 1910.269(l)(10). § 1926.961 and that a simple test for a he or she would not be in control of the
deenergized condition cannot be relied disconnecting means for the lines. Only
Section 1926.961, Deenergizing Lines
upon to ensure that lines and equipment one person would be in charge of the
and Equipment for Employee Protection
remain deenergized. clearance for the crew, and the means of
Proposed § 1926.961 addresses the Some systems are under the direction disconnection for the lines would be
deenergizing of electric transmission of a central system operator who accessible and visible to and under the
and distribution lines and equipment controls all switching operations. Other control of that person.50 Thus, tags
for the protection of employees. systems (mostly distribution would not be needed for the protection
Transmission and distribution systems installations) are not under any of the crew. Further, remote and
are different from other energy systems centralized control. These systems are automatic switching of lines and work
found in general industry or even in the energized and deenergized in the field performed by two crews working on
electric utility industry itself. The without the direct intervention of a lines or equipment controlled by the
hazardous energy control methods for system operator. Paragraph (b)(1) of same disconnecting means would not be
these systems are necessarily different proposed § 1926.961 states that all of the
from those covered under the general requirements of proposed paragraph (c) 49 An employee working alone is considered to be
industry generic standard on the control would apply if a system operator is in a ‘‘crew’’ of one.
50 The means of disconnection is under the sole
of hazardous energy sources charge of the lines and equipment and
control of the employee in charge of the clearance,
(§ 1910.147). Transmission and of their means of disconnection. and it need only be assessible and visible to that
distribution lines and equipment are Paragraph (b)(2) defines the general rule employee. Other employees in the crew have no
installed outdoors and are subject to for crews working on lines that are not control whatsoever over the disconnecting means.
recognized under paragraph (b)(3)(i). (A this employee. In complying with line is deenergized. This requirement,
group of employees made up of several paragraph (b)(3)(ii), the employer would which is contained in paragraph (b)(4)
‘‘crews’’ of employees who are under have to ensure that no tag is removed would prevent a member of the general
the direction of a single employee and unless its associated clearances are public or an employee (of a contractor,
who are working in a coordinated released (paragraph (c)(11)) 51 and that for example) who is not under the
manner to accomplish a task on the no action is taken at a given point of employer’s control from closing the
same lines or equipment are considered disconnection until all protective switch and energizing the line. This
to be a single crew, rather than as grounds have been removed, until all requirement, which has no counterpart
multiple independent crews, for the crews have released their clearances, in existing Subpart V, has been taken
purposes of paragraph (b)(3)(i). In such until all employees are clear of the lines from § 1910.269(m)(2)(iv).
cases, all operations that could energize or equipment, and until all tags have Paragraph (c) of proposed § 1926.961
or deenergize a circuit would have to be been removed at that point of sets forth the exact procedure for
coordinated through the single disconnection (paragraph (c)(12)). deenergizing transmission and
employee in charge.) If the crews are OSHA requests comments on whether distribution lines and equipment. The
independent, each crew would need an the standard should require each crew procedure must be followed in the order
employee-in-charge of its clearance (see to have a separate tag and, if so, on ways presented in the rule. Except as noted,
the discussion of proposed paragraph to incorporate such a requirement in the the rules are consistent with existing
(b)(3)(ii), later in this section of the standard. § 1926.950(d)(1), although the language
preamble). Therefore, no one could be Where there is a system operator, who has been taken from § 1910.269(m)(3).
considered as having sole control over is in charge of energizing and The Agency has attempted to propose
the disconnecting means protecting the deenergizing lines and equipment, that simplified language and has written the
crews, and the exceptions listed in person keeps track of clearances for requirements in performance-oriented
paragraph (b)(3)(i) would not apply. different crews working on the same terms whenever possible.
Paragraph (d) of existing § 1926.950 lines or equipment. When there is no Paragraph (c)(1) would require an
also recognizes separate procedures for system operator, the crews will need to employee to request the system operator
lines that are ‘‘visibly open.’’ However, coordinate their activities to ensure that to deenergize a particular section of line
only two requirements apply. First, the lines or equipment are not or equipment. So that control is vested
paragraph (d)(2)(i) requires guards or reenergized while an employee is still in one authority, a single designated
barriers to be installed to protect against working on them. Proposed paragraph employee would be assigned this task.
contact with adjacent lines. Second, (b)(3)(ii) would require such This designated employee thus becomes
upon completion of work, the coordination when there is no system the employee in charge of and
designated employee in charge must operator. responsible for the clearance for work.
determine that all employees in his Proposed paragraph (b)(3)(ii) has been This provision, which has no
crew are clear and that protective taken from § 1910.269(m)(3)(viii). counterpart in existing Subpart V, has
grounds installed by his crew have been Existing Subpart V contains a been taken from § 1910.269(m)(3)(i). The
removed, and he or she must report to comparable requirement in designated employee who requests the
the designated authority that all tags § 1926.950(d)(1)(vi). However, the clearance need not be in charge of other
protecting the crew may be removed existing requirement would simply aspects of the work; the proposal
(paragraph (d)(2)(ii)). require a tag for each independent crew. intends for this designated employee to
The existing Subpart V provisions As noted earlier, the proposal would not be in charge of the clearance. He or she
relating to working on lines or require separate tags for each crew. is responsible for requesting the
equipment that have their disconnecting However, each crew would hold a
clearance, for informing the system
means ‘‘visibly open’’ are insufficient to operator of changes in the clearance
separate clearance that could not be
protect employees. Other requirements (such as transfer of responsibility), and
released without authorization from the
relating to deenergizing, testing, for insuring that it is safe for the circuit
employee in charge of the clearance.
grounding, and reenergizing procedures to be reenergized before the clearance is
Additionally, the proposal would
are necessary for the protection of released. If someone other than an
require that each crew independently
employees. While existing Subpart V employee at the worksite requests the
perform all the steps outlined in
does cover reenergizing procedures, it clearance and if that clearance is in
proposed paragraph (c) and that the
includes no provisions for deenergizing, place before the employee arrives at the
crews coordinate deenergizing and
testing, or grounding. OSHA believes site, then clearance must be transferred
reenergizing the lines or equipment if
that this proposal corrects these under § 1926.961(c)(8). The Agency
deficiencies. no system operator is in charge. The believes that the person requesting the
If more than one independent crew is existing standard contains no such clearance, once the lines are indeed
working on a line, paragraph (b)(3)(ii) requirement. OSHA believes that the deenergized, must be the one to contact
would require each crew to follow the proposed approach better protects in case alterations in the clearance are
steps outlined in § 1926.961(c) employees than the existing standard. necessary. The employees who will be
separately, to ensure that a group of Disconnecting means that are performing the actual work at some time
workers does not make faulty accessible to people not under the in the future would not necessarily be
assumptions about what steps have been employer’s control would have to be aware that a clearance has been
or will be taken by another group to rendered inoperable. For example, a requested and would not be in position
deenergize lines or equipment. switch handle mounted at the bottom of to answer questions about the clearance.
Paragraph (c) of proposed § 1926.961 a utility pole that is not on the The second step (proposed
would not require a separate tag for each employer’s premises must be locked in § 1926.961(c)(2)) is to open all switches
crew; it does require, however, separate the open position while the overhead through which electrical energy could
clearances for each crew. There would 51 Unless the employer has only one crew, a
flow to the section of line or equipment.
have to be one employee in charge of tracking mechanism may be necessary so that the
The disconnecting means would then be
the clearance for each crew, and the employer can determine what crew is protected by made inoperable if the design of the
clearance for a crew would be held by a tag. device permits. For example, the
removable handle of a switch could be fact been deenergized and is intended to illness or other emergency, the
detached. Also, the switches would prevent accidents resulting from employee’s supervisor could inform the
have to be tagged to indicate that someone’s opening the wrong system operator of the transfer in
employees are at work. This paragraph disconnect. It also protects employees clearance. This requirement, which is
would ensure that the lines are from hazards associated with unknown based on § 1910.269(m)(3)(ix), has no
disconnected from their sources of sources of electric energy. This counterpart in existing Subpart V.
supply and protects against the paragraph is based on After the clearance is transferred, the
accidental reclosing of the switches. § 1910.269(m)(3)(v). Existing new employee in charge would then be
This rule is intended to require the § 1926.950(d)(1)(iii) requires a test or a responsible for the clearance. It is
disconnection of known sources of visual inspection to be performed to important that only one employee at a
electric energy only. Hazards related to ensure that the lines or equipment are time be responsible for any clearance;
the presence of unexpected energy deenergized. Visual inspection alone otherwise, independent action by any
sources would be controlled by testing cannot determine whether a line or worker could endanger the entire crew.
for voltage and by grounding the circuit, equipment is deenergized. Voltage Once work is completed, the
as proposed under paragraphs (c)(5) and backfeed, induced current, and leakage clearance will have to be released so
(c)(6), respectively. current can all energize electric lines that the lines or equipment can be
Proposed paragraph (c)(2) has been and equipment without the employee reenergized. Paragraph (c)(9) of
taken from § 1910.269(m)(3)(ii). Existing being able to ‘‘see’’ it. Additionally, the proposed § 1926.961 covers this
Subpart V contains comparable § 1910.269 rulemaking showed the lack procedure. To ensure that it is safe to
requirements in § 1926.950(d)(1)(i), of testing to be a cause of accidents release the clearance, the employee in
(d)(1)(ii)(a), and (d)(1)(ii)(b). The (269-Ex. 9–2, 12–12). Therefore, the charge would have to: (1) Notify
existing provisions require: (1) the line proposal would require an actual test to workers in the crew of the release, (2)
or equipment to be identified and determine whether the lines or determine that they are clear of the lines
isolated from sources of energy equipment was energized. OSHA has and equipment, (3) determine that
(paragraph (d)(1)(i)), and (2) notification not specified the type of test but expects grounds have been removed, and (4)
and assurance of the designated employers to use testing procedures that notify the system operator that the
employee that all disconnecting means will reliably indicate whether or not the clearance is to be released. This
have been opened and tagged part in question is energized. For provision is based on
(paragraphs (d)(1)(ii)(a) and (d)(1)(ii)(b)). example, using a voltage detector on the § 1910.269(m)(3)(x). An equivalent
OSHA believes that the proposed part would be one way to do this. OSHA requirement is contained in existing
language more accurately reflects the requests comments on when and if other § 1926.950(d)(1)(viii).
actual steps taken to deenergize lines methods, such as fuzzing a line,52 are Proposed paragraph (c)(10) would
and equipment. acceptable testing methods. require the person who is releasing the
Proposed § 1926.961(c)(3) would Proposed paragraph (c)(6) would clearance to be the one who requested
require the tagging of automatically and require the installation of any protective it, unless responsibility has been
remotely controlled switches. An grounds required by § 1926.962 at this transferred. This provision would
automatically or remotely controlled point in the sequence of events. Since ensure that no clearance is released
switch would also have to be rendered the lines or equipment have been without the authorization of the
inoperable if the design of the switch deenergized and tested in accordance employee who is in charge of the
allows for it to be made inoperable. This with the previous provisions, it would clearance. This proposed paragraph,
provision which has been taken from now be safe to install a protective which has no counterpart in existing
§ 1910.269(m)(3)(iii), would also protect ground. This requirement is based on Subpart V, is based on
employees from being injured as a result § 1910.269(m)(3)(vi). An equivalent § 1910.269(m)(3)(xi).
of the automatic operation of such Proposed paragraph (c)(11) would
requirement is contained in existing
switches. Existing Subpart V contains prohibit the removal of a tag unless its
§ 1926.950(d)(1)(iv).
an equivalent requirement in associated clearance has been released.
After the six previous rules have been
§§ 1926.950(d)(1)(ii)(b) and (d)(1)(ii)(c). Because the persons who place and
followed, paragraph (c)(7) would permit
Paragraph (c)(4) of proposed remove the tags may not be the same, it
the lines or equipment to be treated as
§ 1926.961 would require tags to is important for the regulation to
deenergized. This provision, which has
prohibit operation of the switches to prohibit removing a tag without the
no counterpart in existing Subpart V, is
which they are attached. They would release of the clearance by the employee
based on § 1910.269(m)(3)(vii).
also be required to state that employees In some cases, as when an employee who is responsible for it. This provision,
are at work. This requirement has been in charge has to leave the job because which has no counterpart in existing
taken from § 1910.269(m)(3)(iv). of illness, it may be necessary to transfer Subpart V, is based on
Existing § 1926.950(d)(1)(ii)(b) contains a clearance. Under such conditions, § 1910.269(m)(3)(xii).
a requirement for tags to indicate that According to proposed paragraph
proposed paragraph (c)(8) would require
employees are working; however, it (c)(12), action would be permitted to be
that the employee in charge inform the
does not require the tags to prohibit taken to reenergize the lines or
system operator and that the employees
operation of the disconnecting means. equipment only after grounds and tags
in the crew be informed of the transfer.
The Agency believes that it is essential have been removed, after all clearances
If the employee holding the clearance is
for the tags to contain this prohibition have been released, and after all
forced to leave the worksite due to
so that the meaning of the tag is clear. employees are in the clear. This protects
After the previous four requirements 52 Fuzzing, or buzzing, a line involves using a employees from the possibility that the
have been met and after the employee live-line tool to hold a wrench or similar tool near line or equipment could be reenergized
in charge of the work has been given a a line and listening for the buzzing sound given off while employees are still at work. The
clearance by the system operator, as the tool approaches a circuit part energized at a Agency does not intend for this
high voltage. This method has obvious
proposed paragraph (c)(5) would require disadvantages when ambient noise levels are
provision to require the removal of all
the lines or equipment to be tested. This excessive, and it is only reliable above certain tags from all disconnecting means
test would ensure that the lines have in voltage levels. before any of them could be reclosed. It
is intended to require that all tags for from electric shock or indirectly from the current requirements to protect
any particular switch be removed before involuntary reaction.) employees better.53
that switch is closed. It is very Grounding, as a temporary protective Proposed § 1926.962 addresses
important in a tagging system that no protective grounding and bonding.54 As
measure, involves connecting the
energy isolating device be returned to a noted in paragraph (a), entire § 1926.962
deenergized lines and equipment to applies to the grounding of deenergized
position allowing energy flow if there
earth through conductors. As long as the transmission and distribution lines and
are any tags on it that are protecting
conductors remain deenergized, this equipment for the purpose of protecting
employees. For example, in the case of
a 5-mile section of line that is maintains the lines and equipment at employees. Additionally, paragraph (a)
deenergized by opening switches at both the same potential as the earth. indicates that paragraph (d) of proposed
ends of the line, after all the tags are However, if voltage is impressed on a § 1926.962 would apply to the
removed from any one switch that one line, the voltage on the grounded line protective grounding of other
switch could then be closed. rises to a value dependent upon the equipment, such as aerial lift trucks, as
Proposed paragraph (c)(12), which has impressed voltage, the impedance well. Under normal conditions, such
no counterpart in Subpart V, has been between its source and the grounding equipment would not be connected to a
taken from § 1910.269(m)(3)(xiii). point, and the impedance of the source of electric energy. However, to
grounding conductor. protect employees in case of accidental
Section 1926.962, Grounding for the contact of the equipment with live parts,
Protection of Employees Various techniques are used to limit
the voltage to which an employee protective grounding is required
Sometimes, normally energized lines working on a grounded line would be elsewhere in the standard (in
and equipment that have been § 1926.964(c)(11), for example); to
exposed. Bonding is one of these
deenergized to permit employees to ensure the adequacy of this grounding,
techniques. Conductive objects within
work become accidentally energized. the provisions of paragraph (d) must be
the reach of the employee are bonded followed.
This can happen in several ways, for together to create an equipotential work
example, by contact with another The general requirement contained in
area for the employee. Within this area paragraph (b) of proposed § 1926.962
energized circuit, by voltage backfeed of equal potentials, voltage differences
from a customer’s cogeneration states the conditions under which lines
are limited to a safe value. and equipment must be grounded.
installation, by lightning contact, or by
failure of the clearance system outlined The requirements proposed in Basically, in order for lines or
in § 1926.961. § 1926.962 have been taken directly equipment to be treated as deenergized,
Transmission and distribution lines from § 1910.269(n). Existing § 1926.954 they must be deenergized under
and equipment are normally installed contains current provisions related to
53 As previously noted, existing § 1926.954(a)
outdoors where they are exposed to grounding for the protection of
requires conductors and equipment to be
damage from the weather and from employees. OSHA has reviewed existing considered as energized until determined to be
actions taken by members of the general § 1926.954 and has found that it is not deenergized or until grounded. Paragraph (c) of
public. Many utility poles are installed as protective as § 1910.269(n) and existing § 1926.954 requires bare communications
conductors on poles or structures to be treated as
alongside roadways where they may be contains redundant and unnecessary energized unless they are protected by insulating
struck by motor vehicles. Distribution requirements. For example, as noted materials. The hazard addressed by these
lines have been damaged by falling under the summary and explanation of requirements is covered by proposed
trees, and transmission line insulators proposed § 1926.960(b)(2), existing § 1926.960(b)(2), discussed earlier in this preamble.
have been used for target practice. When equipment is being installed, it poses the
§ 1926.950(b)(2) requires electric lines same hazard to an employee that any other
Additionally, customers fed by a utility and equipment to be considered as conductive object being manipulated near exposed
company’s distribution line may have energized until determined to be energized parts does. Requirements contained in
cogeneration or backup generation deenergized by tests or other proposed § 1926.960(c) and (d) adequately address
capability, sometimes without the this hazard. The installation of lines however does
appropriate methods or means. Existing pose additional hazards. First, the lines may be
utility company’s knowledge. All these § 1926.954(a) similarly requires all subject to hazardous induced voltage. Second,
factors can reenergize a deenergized conductors and equipment to be treated because of their length, new overhead lines are
transmission or distribution line or as energized until tested or otherwise much more likely to contact existing energized lines
equipment. Energized lines can be than new equipment is. This can happen, for
determined to be deenergized or until example, through failure of the stringing and
knocked down onto deenergized lines. grounded. These two provisions do not tensioning equipment being used to install the new
A backup generator or a cogenerator can adequately protect employees from lines or through failure of the existing lines or
cause voltage backfeed on the accidentally reenergized lines and
support structures. These hazards are addressed in
deenergized power line. Lastly, proposed § 1926.964(b), which specifically covers
equipment. As noted in the earlier the installation and removal of overhead lines.
lightning, even miles from the worksite, Lastly, new underground lines, which are run as
discussion, electric power transmission
can reenergize a line. All of these insulated cable, do not pose electrical hazards.
and distribution lines and equipment
problems pose hazards to employees For these reasons, OSHA is not proposing to carry
can become reenergized even after they existing § 1926.954(b) forward. However, comments
working on deenergized transmission
and distribution lines and equipment. In have been deenergized. Therefore, are requested on whether or not the proposal
OSHA concluded in the § 1910.269 adequately protects employees from hazards
fact, these problems were a factor in 14 associated with the installation of new lines and
of the accidents in 269–Exhibit 9–2. rulemaking that grounding deenergized equipment.
Grounding the lines and equipment is lines and equipment is essential except 54 As used throughout the rest of this discussion
used to protect employees from injury under limited circumstances. The and within proposed § 1926.962, the term
Agency is proposing to continue that ‘‘grounding’’ includes bonding. Technically,
should such reenergizing occur. grounding refers to the connection of a conductive
Grounding also provides protection approach here. In developing proposed part to ground, whereas bonding refers to
against induced voltages and static § 1926.962, OSHA eliminated redundant connecting conductive parts to each other.
charges on a line. (These induced and requirements from existing § 1926.954, However, for convenience, OSHA is using the term
‘‘grounding’’ to refer to both techniques of
static voltages can be high enough to consolidated related requirements from minimizing voltages to which an employee will be
endanger employees, either directly the existing standard, and strengthened exposed.
proposed § 1926.961 and grounded. accidents in 269–Ex. 9–2 and 269–Ex. protective devices to interrupt the
Grounding could be omitted only if the 9–2A for those involving improper circuit. This provision, which has been
installation of a ground is impracticable protective grounding. There were nine taken from the first sentence of
(such as during the initial stages of work accidents in these two exhibits related § 1910.269(n)(4)(i), is contained in
on underground cables, when the to protective grounding. In three cases, paragraph (d)(1)(i) of proposed
conductor is not exposed for grounding) inadequate grounds were present. Based § 1926.962.
or if the conditions resulting from the on the fact that grounding is a backup The design of electric power
installation of a ground would introduce measure, intended to provide protection distribution lines operating at 600 volts
more serious hazards than work without only when all other safety-related work or less frequently provides a maximum
grounds. It is expected that conditions practices fail, OSHA concluded that this fault current and fault interrupting time
warranting the absence of protective was a significant incidence of faulty that exceeds the current carrying
grounds would be rare. grounding. capability of the circuit conductors. In
If grounds are not installed and the Grounding practices that do not other words, the maximum fault current
lines and equipment are to be treated as provide an equipotential zone in which on distribution secondaries of 600 volts
deenergized, however, precautions have an employee is safeguarded from voltage or less is typically high enough to melt
to be observed, and certain conditions differences do not provide complete the phase conductors carrying the fault
must be met. Obviously, the lines and protection. In case the line is current. If protective grounding
equipment would still have to be accidentally reenergized, voltages to equipment were required to carry the
deenergized by the procedures of which an employee would be exposed maximum amount of fault current
§ 1926.961. Also, there would have to be due to inadequate grounding would be without regard to whether the phase
no possibility of contact with another lethal, as can be seen by some of the conductors would fail, the size of the
source of voltage and no hazard of exhibits in the § 1910.269 rulemaking grounding equipment would be
induced voltage present. Since these record (269–Ex. 6–27, 57). The impractical. However, OSHA does not
precautions and conditions do not employee would be protected only if he interpret § 1910.269(n)(4)(i) to require
protect against the possible reenergizing or she is not in contact with the line protective grounding equipment to be
of the lines or equipment under all until the energy source is cleared by capable of carrying more current than
conditions, the omission of grounding is circuit protective devices. necessary to allow the phase conductors
permitted only in very limited For these reasons, OSHA is proposing to fail. A protective grounding jumper
circumstances. to require grounds that will protect sized slightly larger than a phase
Paragraph (f) of existing § 1926.954 employees in the event that the line or conductor would be sufficient to meet
allows grounds to be omitted without equipment on which they are working is the general industry standard, although
the additional restrictions proposed in reenergized. Proposed § 1926.962(c) the language of the first sentence of
§ 1926.962(b)(1) through (b)(3). would require protective grounds to be § 1910.269(n)(4)(i) does not make this
However, the existing standard requires so located and arranged that employees clear.
the lines or equipment to be treated as are not exposed to hazardous To clarify this requirement, OSHA is
energized in such cases. While the differences in potential. The proposal proposing, in § 1926.962(d)(1)(ii), to
proposal does not specifically permit would allow employers and employees permit, specifically, the use of
omitting grounds for conductors that are to use whatever grounding method they protective grounding equipment that
treated as energized, it does not require prefer as long as employees are would not be large enough to carry the
grounding unless the equipment is to be protected. For employees working at maximum fault current indefinitely but
considered as deenergized. (See the elevated positions on poles and towers, that would be large enough to carry this
discussion of proposed § 1926.960(b)(2), single point grounding may be current until the phase conductor
earlier in this section of the preamble.) necessary, together with grounding fails.55 This would be permitted only
Paragraph (f) of existing § 1926.954 straps to provide an equipotential zone under certain conditions. First, the
also addresses where grounds must be for the worker. Employees in insulated grounding equipment must be able to
placed. The existing standard requires aerial lifts working at midspan between carry the maximum fault current until
grounds to be placed between the work two conductor supporting structures the conductor being protected fails.
location and all sources of energy and may be protected by grounding at Second, the conductor must only be
as close as practicable to the work convenient points on both sides of the considered as grounded where it is
location. Alternatively, grounds could work area. Bonding the aerial lift to the protected by the grounding equipment.
be placed at the work location. If work grounded conductor would ensure that In other words, the portion of the phase
is to be performed at more than one the employee remains at the potential of conductor between the grounding
location, the existing standard would the conductor in case of a fault. Other equipment and the employee being
require the line section to be grounded methods may be necessary to protect protected must remain intact under fault
and short circuited at one location and workers on the ground, including conditions. Third, since the phase
would require the conductor on which grounding mats and insulating conductor will likely fall once it fails,
work is being performed to be grounded platforms. The Agency believes that this no employee must be in a position
at the work location. Although these performance-oriented approach would where they would be endangered by any
requirements are intended to protect provide the flexibility needed by failed conductor. OSHA has not
employees in case the line on which employers, but would also afford the restricted this provision to lines and
they are working is accidentally best protection to employees. equipment operating at 600 volts or less
reenergized, the existing provisions do Paragraph (d) of proposed § 1926.962 because the Agency believes that
not ensure that the grounding practices contains requirements that grounding employees would be protected with
and equipment are adequate to provide equipment would have to meet. So that these provisions regardless of voltage.
this protection. the protective grounding equipment However, OSHA requests comments on
OSHA proposed requirements similar does not fail, it would be required to the issue of whether or not proposed
to those in existing § 1926.954(f) when have an ampacity high enough so that
it proposed § 1910.269(n). In developing the fault current could be carried for the 55 OSHA is also proposing to make a similar
final § 1910.269(n), OSHA reviewed the amount of time necessary to allow change in § 1910.269.
§ 1926.962(d)(1)(ii) should be restricted be grounded to be tested for voltage alternatives to enable protective grounds
to lines and equipment operating at 600 before a ground is installed. If a to be placed on this equipment in a
volts or less. previously installed ground is evident, manner that will still protect
Paragraph (d)(1)(iii) of § 1926.962 no test would need to be conducted. employees.56
would require protective grounding This requirement would prevent
It should be noted that, during the
equipment to have an ampacity of at energized equipment from being
least No. 2 AWG copper. This provision periods before the ground is installed
grounded, which could result in injury
would ensure that protective grounding and after it is removed, the line or
to the employee installing the ground.
equipment has a suitable minimum This requirement is the same as existing equipment involved must be considered
ampacity and mechanical strength. § 1926.954(d). as energized (under proposed
Under paragraph (d)(2), the Paragraphs (f)(1) and (f)(2) propose § 1926.960(b)(2)). As a result, the
impedance of the grounding equipment procedures for installing and removing minimum approach distances specified
would be required to be low enough to grounds. To protect employees in the in proposed § 1926.960(c)(1) would
ensure the quick operation of the event that the ‘‘deenergized’’ equipment apply when grounds are installed or
protective devices. to be grounded is or becomes energized, removed.
Paragraphs (d)(1) and (d)(2) help the proposal would require the With certain underground cable
ensure the prompt clearing of the circuit ‘‘equipment end’’ of the grounding installations, a fault at one location
supplying voltage to the point where the device to be applied last and removed along the cable can create a substantial
employee is working. Thus, the first and that a live-line tool be used for potential difference between the earth at
grounding equipment limits the both procedures in order to protect that location and the earth at other
duration and reduces the severity of any workers.
electric shock, though it does not itself locations. Under normal conditions, this
These provisions are similar to
prevent shock from occurring. (As is not a hazard. However, if an
existing § 1926.954(e)(1) and (e)(2),
discussed earlier, proposed employee is in contact with a remote
except that the existing standard
§ 1926.962(c) requires employees to be recognizes the use of a ‘‘suitable device’’ ground (by being in contact with a
protected from hazardous differences in in addition to a live-line tool. OSHA is conductor that is grounded at a remote
electrical potential.) OSHA has included concerned that this language implies station), he or she can be exposed to the
a note referencing the ASTM standard that rubber insulating gloves could be difference in potential (because he or
on protective grounding equipment used to install and remove grounds she is also in contact with the local
(ASTM F855–03) so that employers will under any circumstance. It should be ground). To protect employees in such
be able to find additional information noted that it is unsafe for an employee situations, proposed § 1926.962(g)
that may be helpful in their efforts to to be too close when connecting or would prohibit grounding cables at
comply with the standard. disconnecting a ground. Therefore, remote locations if a hazardous
Existing § 1926.954(h), (i), and (j) OSHA is proposing to eliminate the potential transfer could occur under
contain requirements relating to the phrase ‘‘or other insulated device’’ from fault conditions. This proposed
impedance and ampacity of personal the rule. OSHA will, however, consider provision has no counterpart in existing
protective grounds. Paragraph (i) any device that is insulated for the Subpart V.
requires tower clamps to have adequate voltage and that allows an employee to Proposed § 1926.962(h) addresses the
ampacity, and paragraph (j) contains the apply or remove the ground from a safe removal of grounds for test purposes.
same requirement for ground leads with position to be a live-line tool for the Under the proposal, grounds would be
an additional restriction that they be no purposes of § 1926.962(f)(1) and (f)(2). permitted to be removed for test
smaller than No. 2 AWG copper. These two paragraphs in the proposal
purposes. Existing Subpart V contains a
Paragraph (i) requires the impedance of are based on existing § 1910.269(n)(6)
comparable requirement in
a grounding electrode (if one is used) to and (n)(7). The proposal, however,
§ 1926.954(g). However, the existing
be low enough to remove the danger of would permit the use of insulated
equipment other than live-line tools to standard simply requires employees to
harm to employees or to permit prompt
operation of protective devices. attach protective grounds to, and to take extreme caution when grounds are
OSHA believes that the entire remove them from, lines and equipment removed for testing. OSHA does not
grounding system should be capable of operating at 600 volts or less, if the believe that the existing language
carrying the maximum fault current and employer ensures that the line or contains sufficient safeguards for
should have an impedance low enough equipment is not energized at the time employees. Therefore, the Agency is
to protect employees. The existing or if the employer can demonstrate that proposing performance criteria that
standard contains no requirements for the employee would be protected from testing procedures would be required to
the impedance of grounding conductors any hazard that could develop if the line meet. During the test procedure, the
or clamps, nor does it contain or equipment is energized. For example, employer would be required to ensure
requirements relating to the ampacity of test equipment could be connected to a that each employee uses insulating
grounding clamps other than tower line that is to be grounded, and the equipment and is isolated from any
clamps. By addressing specific portions protective ground could be applied by hazards involved, and the employer
of the grounding systems but not an employee wearing rubber gloves would be required to institute any
addressing others, the existing standard while the test equipment indicated that additional measures as may be
does not require complete protection for the line was deenergized. After the necessary to protect each exposed
employees. Because the proposal’s ground was in place the test equipment employee in case the previously
grounding requirements apply to the could be removed. grounded lines and equipment become
entire grounding system, OSHA believes Some electric utilities have energized. OSHA believes that the
that the proposal will provide better complained that lines and equipment proposal would protect employees
protection for employees than the operating at 600 volts or less cannot better than the existing rule.
existing rule. always accommodate the placement and
Paragraph (e) of § 1926.962 would removal of a protective ground by a line- 56 OSHA is also proposing to make similar
require lines and equipment that are to line tool. OSHA is proposing these changes in § 1910.269.
Section 1926.963, Testing and Test Excluded from the scope of proposed (4) Periodic checks of field test areas.
Facilities § 1926.963 are routine inspection and Paragraph (b)(2) complements the
maintenance measurements made by general rule on the use of safe work
Proposed § 1926.963 contains safety qualified employees in accordance with practices in test areas with a proposed
work practices covering electrical established work practice rules where requirement that all employees involved
hazards arising out of the special testing the hazards associated with the use of in this type of work be trained in these
of lines and equipment (namely, in- intrinsic high-voltage or high-power safety test practices. This paragraph,
service and out-of-service, as well as sources require only those normal which makes explicit the types of
new, lines and equipment) to determine precautions peculiar to such periodic training required by the general training
maintenance needs and fitness for work. Obviously, the work practices for provisions in proposed § 1926.950(b),
service. Generally, the need to conduct these routine tests would have to would further require a periodic review
tests on new and idle lines and comply with the rest of proposed of these practices to be conducted from
equipment as part of normal checkout Subpart V. Because this type of testing time to time as a means of providing
procedures, in addition to maintenance poses hazards that are identical to other reemphasis and updating.
evaluation, is specified in the National types of routine electric power Although specific work practices used
Electrical Safety Code (ANSI C2). transmission and distribution work, in test areas are generally unique to the
Basically, as stated in paragraph (a), the OSHA believes that the requirements of particular test being conducted, three
rules would apply only to testing proposed Subpart V excluding basic elements affecting safety are
involving interim measurements § 1926.963 adequately protect commonly found to some degree at all
utilizing high voltage, high power, or employees performing these tests. Two test sites: guarding, grounding, and the
combinations of both, as opposed to typical examples of such excluded test safe utilization of control and measuring
testing involving continuous work procedures would be ‘‘phasing- circuits. By considering safe work
measurements as in routine metering, out’’ testing and testing for a ‘‘no practices in these three categories,
relaying and normal line work. voltage’’ condition. To clarify the scope OSHA has attempted to achieve a
Proposed § 1926.963 has been taken of this section, a note to this effect is performance-oriented standard
directly from § 1910.269(o). Existing included after paragraph (a). applicable to high-voltage and high-
Subpart V has no counterpart to these Paragraph (b)(1) of proposed power testing and test facilities.
proposed requirements. The Agency § 1926.963 would require employers to OSHA believes that guarding can best
believes that these high-voltage and establish work practices governing be achieved when it is provided both
high-current tests are performed during employees engaged in certain testing around and within test areas. By
construction work and that employers activities. These work practices are controlling access to all parts that are
would benefit by the inclusion of these intended to delineate precautions that likely to become energized by either
provisions within the construction employees must observe for protection direct or inductive coupling, the
standard in place of a reference to from the hazards of high-voltage or standard will prevent accidental contact
§ 1910.269. However, it may be that this high-power testing. For example, if by employees. Within test areas,
type of work is performed too high-voltage sources are used in the whether temporary or permanent, a
infrequently to warrant repeating the testing, employees would be required to degree of safety can be achieved by
requirements in Subpart V. OSHA follow the safety practices established observing guarding practices that
requests comments on the need to under paragraph (b)(1) to protect against control access to test areas. Paragraph
include proposed § 1926.963 in Subpart such typical hazards as inadvertent (c)(1) would therefore require that such
V. arcing or voltage overstress destruction, guarding be provided if the test
as well as accidental contact with equipment or apparatus under test may
For the purposes of these proposed become energized as part of the testing
objects that have become residually
requirements, high-voltage testing is by either direct or inductive coupling. A
charged by induced voltage from
assumed to involve voltage sources combination of guards and barriers is
electric field exposure. If high-power
having sufficient energy to cause injury intended to provide protection to all
sources are used in the testing,
and having magnitudes generally in employees in the vicinity.
employees would be required to follow
excess of 1,000 volts, nominal. High- Paragraph (c)(2) would require
established safety practices to protect
power testing involves sources where permanent test areas to be guarded by
against such typical hazards as ground
fault currents, load currents, having them completely enclosed by
voltage rise as well as exposure to
magnetizing currents, or line dropping walls or some other type of physical
excessive electromagnetically-caused
currents are used for testing, either at barrier. In the case of field testing,
physical forces associated with the
the rated voltage of the equipment paragraph (c)(3) attempts to achieve a
passage of heavy current.
under test or at lower voltages. Proposed These practices would apply to work level of safety for temporary test sites
§ 1926.963 covers such testing in performed at both permanent and comparable to that achieved in
laboratories, in shops and substations, temporary test areas (that is, areas laboratory test areas. For these areas, a
and in the field and on transmission and permanently located in the controlled barricade of tapes and cones or
distribution lines. environment of a laboratory or shop and observation by an attendant would be
Examples of typical special tests in in areas temporarily located in a non- acceptable methods of guarding.
which either high-voltage sources or controlled field environment). At a Proposed paragraph (c)(3) would accept
high-power sources are used as part of minimum, the safety work practices any barrier or barricade that provides a
operation and maintenance of electric include: means of limiting access to the test area
power transmission and distribution (1) Guarding the test area to prevent physically and visually equivalent to
systems include cable-fault locating, inadvertent contact with energized safety tape with signs or would accept
large capacitive load tests, high current parts, guarding by means of a test observer
fault-closure tests, insulation resistance (2) Safe grounding practices to be stationed where the entire test area
and leakage tests, direct-current proof observed, could be monitored.
tests, and other tests requiring direct (3) Precautions to be taken in the use Since the effectiveness of the
connection to power lines. of control and measuring circuits, and temporary guarding means can be
severely compromised by failing to provide an exception to the requirement and low impedance which is bonded to
remove it when it is not required, for such an isolated ground return. The the vehicle at several points and is also
frequent safety checks must be made to exception would apply if the isolated bonded to an adequate number of driven
monitor its use. For example, leaving ground-return cannot be provided ground rods or, where available, to an
barriers in place for a week at a time because of the distance involved and if adequate number of accessible points on
when testing is performed only an hour employees are protected from hazardous the station ground grid. All bonding
or two per day is likely to result in step and touch potentials that may conductors must be of sufficient
disregard for the barriers. For this develop. Consideration must always be electrical size to keep the voltage
reason, paragraph (c)(4) would require given to the possibility of voltage developed during maximum anticipated
the temporary barriers to be removed gradients developing in the earth during current tests at a safe value. The mat
when they are no longer needed. impulse, short-circuit, inrush, or must be of a size that precludes
Suitable grounding is another oscillatory conditions. Such voltages simultaneous contact with the vehicle
important work practice that can be may appear between the feet of an and with the earth or with metallic
employed for the protection of observer, or between his or her body structures not adequately bonded to the
personnel from the hazards of high- and a grounded object, and are usually mat.
voltage or high-power testing. If high referred to as ‘‘step’’ and ‘‘touch’’ (2) Protection by insulation can be
currents are intentionally employed in potentials. Examples of acceptable accomplished, for example, by
the testing, an isolated ground-return protection from step and touch providing around the vehicle an area of
conductor, adequate for the service, is potentials include suitable electrical dry wooden planks covered with rubber
required so that no intentional passage protective equipment and the removal insulating blankets. The physical extent
of heavy current, with its attendant of employees from areas that may of the insulated area must be sufficient
voltage rise, will occur in the ground expose them to hazardous potentials. to prevent simultaneous contact with
grid or in the earth. Another safety Another grounding situation is the vehicle, or the ground lead of the
consideration involving grounding is recognized by paragraph (d)(4) in which vehicle, and with the earth or with
that all conductive parts accessible to grounding through the power cord of metallic structures in the vicinity.
the test operator during the time that the test equipment may be inadequate and (3) Protection by isolation can be
equipment is operating at high voltage actually increase the hazard to test implemented by providing an effective
be maintained at ground potential, operators. Normally, an equipment means to exclude personnel from any
except portions of the equipment that grounding conductor is required in the area where simultaneous contact could
are isolated from the test operator by power cord of test equipment to connect be made with the vehicle (or conductive
suitable guarding. Paragraph (d) it to a grounding connection in the parts electrically connected to the
proposes requirements for proper power receptacle. However, in some vehicle) and with other conductive
grounding at test sites. circumstances, this practice can prevent materials. A combination of barriers
Paragraph (d)(1) would require that satisfactory measurements, or current together with effective, interlocked gates
grounding practices be established and induced in the grounding conductor can may be employed to ensure that the
implemented for test facilities to ensure cause a hazard to personnel. If these system is deenergized when an
that unguarded conductive parts conditions exist, the use of the employee is entering or leaving the test
accessible to the operator are grounded equipment grounding conductor within area.
and that all ungrounded terminals of the cord would not be mandatory, and Finally, a third category of safe work
test equipment or apparatus under test paragraph (d)(4) would require that an practices applicable to employees
are treated as energized until reliably equivalent safety ground be provided. performing testing work, which
determined otherwise. Paragraph (d)(2) Paragraph (d)(5) would further require complements the first two safety work
would require visible grounds to be that a ground be placed on the high- practices of guarding and grounding,
properly applied before work is voltage terminal and any other exposed involves work practices associated with
performed on the circuit or item or terminals when the test area is entered the installation of control and
apparatus under test. after equipment is deenergized. In the measurement circuits utilized at test
Paragraph (d)(3) addresses hazards case of high capacitance equipment or facilities. Practices necessary for the
resulting from the use of inadequate apparatus, before a direct ground can be protection of personnel and equipment
ground-returns in which a voltage rise applied, the initial grounding discharge from the hazards of high-voltage or
in the ground grid or in the earth can would have to be accomplished through high-power testing must be observed for
result whenever high currents are a resistor having an adequate energy every test where special signal-gathering
employed in the testing. Test personnel rating. equipment is used (that is, meters,
who may be exposed to such potentials Paragraph (d)(6) recognizes the oscilloscopes, and other special
would be required to be protected from hazards associated with field testing in instruments). In addition, special
the hazards involved. This paragraph which test trailers or test vehicles are settings of protective relays and the
would require the use of an isolated used. In addition to proposing that the reexamination of backup schemes may
ground return so that no intentional chassis of such vehicles be grounded, be necessary to ensure an adequate level
passage of current, with its attendant paragraph (d)(6) provides for a of safety during the tests or to minimize
voltage rise, could occur in the ground performance-oriented approach by the effects of the testing on other parts
grid or in the earth. However, under proposing that protection be provided of the system under test. As a
some conditions (such as system fault against hazardous touch potentials by consequence, paragraphs (e)(1) through
testing), it may be necessary to perform bonding, by insulation, or by isolation. (e)(3) address the principal safe work
the test under actual operating The protection provided by each of practices involving control and
conditions, or it may otherwise be these methods is described in the measuring circuit utilization within the
impractical to provide an isolated following examples: test area.
ground return. In such cases, it would (1) Protection by bonding can be Generally, control and measuring
not be reasonable to require an isolated effected by providing, around the circuit wiring should remain within the
ground-return conductor system. vehicle, an area covered by a metallic test area. If this is not possible, however,
Therefore, paragraph (d)(3) would mat or mesh of substantial cross-section paragraph (e)(1) proposes requirements
to minimize hazards should it become person responsible for the testing verify, performed. For example, if the work
necessary to have the test wiring routed before the initiation of a continuous involves removing and reinstalling an
outside the test area. Cables and other period of testing, the status of a general existing line on a utility pole, the pole
wiring would have to be contained group of safety conditions. These will be subjected to the weight of the
within a grounded metallic sheath and conditions include the state of guards employee (a vertical force) and to the
terminated in a grounded metal and status signals, the marking and release and replacement of the force
enclosure, or other precautions would availability of disconnects, the imposed by the overhead line (a vertical
have to be taken to provide equivalent provision of ground connections and and possibly a horizontal force). The
safety, such as guarding the area so that personal protective equipment, and the additional stress involved may cause the
employees do not have access to parts separation of circuits. pole to break, particularly if the pole has
that might rise to hazardous potentials. rotted at its base. If the pole or structure
Paragraph (e)(2) covers the avoidance Section 1926.964, Overhead Lines
cannot withstand the loads to be
of possible hazards arising from Proposed § 1926.964 would apply to imposed, it would have to be reinforced
inadvertent contact with energized work involving overhead lines or so that failure does not occur. This rule
accessible terminals or parts of meters equipment. The types of work would protect employees from hazards
and other test instruments. Meters with performed on overhead lines and posed by the failure of the pole or other
such terminals or parts would have to addressed by this paragraph include the elevated structure. This requirement,
be isolated from test personnel. installation and removal of overhead which is equivalent to existing
Work practices involving the proper lines, live-line bare-hand work, and § 1926.955(a)(2), (a)(3), and (a)(4), has
routing and connection of temporary work on towers and structures. While been taken from § 1910.269(q)(1)(i).
wiring to protect against damage are performing this type of work, employees As the last step in ascertaining
covered in paragraph (e)(3). This are typically exposed to the hazards of whether a wood pole is safe to climb, as
paragraph would also require the falls and electric shock. would be required under paragraph
various functional wiring used for the Section 1926.955 of existing Subpart (a)(2), checking the actual condition of
test set-up to be kept separate, to the V covers overhead lines. Several the pole is important because of the
maximum extent possible, in order to requirements in the existing standard possibility of decay and other
minimize the coupling of hazardous are redundant, and OSHA believes that conditions adversely affecting the
voltages into the control and measuring the existing section is poorly organized. strength of the pole. Appendix D of final
circuits. For example, paragraphs (c) and (d) both § 1910.269 contains methods of
A final safety work practice apply to the installation of lines parallel inspecting and testing the condition of
requirement related to control circuits is to existing lines. Existing paragraph wood structures before they are
addressed by paragraph (e)(4). This (c)(3) requires lines being installed climbed. These methods, which can be
paragraph would require the presence of where there is a danger of hazardous used in ascertaining whether a wood
a test observer who can, in cases of induced voltage to be grounded unless pole is capable of sustaining the forces
emergency, immediately deenergize all provisions are made to isolate or imposed by an employee climbing it,
test circuits for safety purposes. insulate employees. Paragraph (d)(1) of have been taken from Appendix D to
Since the environment in which field existing § 1926.955 contains a similar § 1910.269. It should be noted that the
tests are conducted differs in important requirement, and the rest of paragraph employer would also be required to
respects from that of laboratory tests, (d) specifies exactly how the grounding ascertain whether the pole is capable of
extra care must be taken to ensure is to be installed. sustaining any additional forces that
appropriate levels of safety. Permanent Paragraph (q) of § 1910.269 also will be imposed during the work.
fences and gates for isolating the field addresses work on overhead lines. OSHA realizes that the employee at
test area are not usually provided, nor OSHA believes that the newer standard the worksite will be the one to inspect
is there a permanent conduit for the is much better organized, contains no the structure for deterioration and will
instrumentation and control wiring. As redundancies, and better protects also determine whether it is safe to
a further hazard, there may be other employees than the older construction climb. However, it is the employer’s
sources of high-voltage electric energy standard. Therefore, the Agency has responsibility to ensure that this is
in the vicinity in addition to the source used § 1910.269(q), rather than accomplished, regardless of who
of test voltage. § 1926.955, as the base document in performs the work. Additionally, some
It is not always possible in the field developing proposed § 1926.964. OSHA work might involve changing the
to prevent ingress of persons into a test has, however, taken requirements that loading on the structure. For example,
area physically, as is accomplished by pertain specifically to construction work replacement transformers might be
the fences and interlocked gates of the from existing § 1926.955 and heavier, and the equipment needed to
laboratory environment. Consequently, incorporated them into the proposal. perform the work will impose extra
readily recognizable means are required Paragraph (q) of § 1910.269 does not stress on the pole. The employee in the
to discourage such ingress; and, before contain these requirements, because it field is not necessarily skilled in
test potential or current is applied to a does not apply to construction. For structural engineering, and a
test area, the test operator in charge example, existing § 1926.955(b) applies determination as to whether or not the
must ensure that all necessary barriers to metal tower construction, and no pole could withstand the stresses
are in place. comparable provisions are contained in involved would almost always need to
As a consequence of these safety § 1910.269. OSHA is therefore be performed by the employer’s
considerations, paragraph (f)(1) would proposing requirements from engineering staff. (Typically, this task is
call for a safety check to be made at § 1926.955(b). performed in the initial design of the
temporary or field test areas at the Paragraph (a)(2) of proposed system or when changes are made.) For
beginning of each group of continuous § 1926.964 would require the employer this reason, OSHA believes it is
tests (that is, a series of tests conducted to determine that elevated structures necessary to specify in the standard the
one immediately after another). such as poles and towers are of adequate employer’s responsibility in this regard.
Paragraph (f)(2) would require that, as a strength to withstand the stresses that However, the Agency expects the
minimum for the safety check, the will be imposed by the work to be determination of the condition of the
pole or structure to be made at the contained in this paragraph have been work location. (See the discussion of
worksite by an employee who is capable taken from § 1910.269(q)(2), which was proposed § 1926.958(d)(3) and
of making this determination. The based in large part on existing Appendix C to Subpart V for acceptable
employer fulfills the obligation imposed § 1926.955(c) (stringing and removing methods of compliance.)
by the standard by ensuring that the lines) and § 1926.955(d) (stringing Paragraph (b)(3) of proposed
design of support structures is sound, by adjacent to energized lines). However, § 1926.964 would require the disabling
training his or her employees in proper the proposed rule, like § 1910.269(q)(2), of the automatic-reclosing feature of the
inspection and evaluation techniques, combines these provisions into a single devices protecting any circuit that
and by enforcing company rules that paragraph (b). OSHA believes that the operates at more than 600 volts and that
adhere to the standard. proposed provisions, which combine passes under conductors being installed.
When poles are handled near and simplify the construction If it is not made inoperative, this feature
overhead lines, it is necessary to protect requirements for stringing overhead would cause the circuit protective
the pole from contact with the lines. lines, will be easier for employers and devices to reenergize the circuit after
Paragraph (a)(3)(i) of proposed employees to understand. they had tripped, exposing the
§ 1926.964 would prohibit letting the Proposed § 1926.964(b)(1) would employees to additional or more severe
pole come into direct contact with the require precautions to be taken to injury.
overhead lines. Measures commonly prevent the line being installed or Paragraph (b)(1) of proposed
used to prevent such contact include removed from contacting existing § 1926.964 would require the use of
installation of insulating guards on the energized power lines. Common techniques that minimize the possibility
pole and pulling conductors away from methods of accomplishing this include of contact between the existing and new
the area where the pole will go. This the use of the following techniques: conductors. Paragraph (b)(2) of
provision, which is equivalent to stringing conductors by means of the proposed § 1926.964 would require the
existing § 1926.955(a)(5)(i), has been tension stringing method (which keeps use of measures that protect employees
taken from § 1910.269(q)(1)(ii). the conductors off the ground and clear from hazardous differences in potential.
Paragraph (a)(3)(ii) of proposed of energized circuits) and the use of These two paragraphs provide the
§ 1926.964 would require employees rope nets and guards (which physically primary protection to employees
handling the poles to be insulated from prevent one line from contacting installing conductors. Paragraph (b)(3) is
the pole. This provision has been taken another). These precautions, or a redundant form of protection; it
from § 1910.269(q)(1)(iii). The equivalent measures, are necessary to provides an additional measure of safety
comparable provision in protect employees against electric shock in case the first two provisions are
§ 1926.955(a)(6)(i) prohibits employees and against the effects of equipment violated.57 Therefore, this paragraph
from contacting mechanized equipment damage resulting from accidental would apply only to circuit reclosing
used to set, move, or remove poles, contact of the line being installed with devices that are designed to permit the
unless the employees are using energized parts. disabling of the automatic reclosing
electrical protective equipment. OSHA Even though the precautions taken feature. The Agency believes that the
has proposed to cover hazards of using under paragraph (b)(1) minimize the combination of these three paragraphs
mechanical equipment near energized possibility of accidental contact, there is in proposed § 1926.964 will provide
parts in § 1926.958, discussed earlier in still a significant risk that the line being effective protection against the electrical
this section of the preamble. The installed or removed could contact hazards associated with installing or
Agency believes that the proposal will energized lines. OSHA believes that the removing lines near energized parts.
eliminate the redundant and conflicting hazards posed during line installation or Paragraph (b)(4) proposes rules
requirements contained in existing removal are equivalent to those posed protecting workers from the hazard of
Subpart V. Similarly, existing during the operations of mechanical voltage induced on lines being installed
§ 1926.955(a)(5)(ii), (a)(6)(ii), and (a)(8) equipment near energized parts. near (and usually parallel to) other
are not being carried forward into this Employees are exposed to hazardous energized lines. These rules, which
proposal, because the hazards they differences in potential if the conductor provide supplemental provisions on
address (those related to operation of being installed or equipment being used grounding, would be in addition to
mechanical equipment near energized makes contact with an energized line. those elsewhere in the standard. In
parts) are already adequately covered The methods of protection that can be general, when employees may be
under proposed § 1926.958. applied are also the same in both cases. exposed to the hazard of induced
Paragraphs (a)(3)(i) and (a)(3)(ii) Therefore, the Agency believes that the voltage on overhead lines, the lines
would protect employees from hazards approach used for the hazard of contact being installed must be grounded to
caused by falling power lines and by between mechanical equipment and minimize the voltage and to protect
contact of the pole with the line. They overhead lines should also be used for employees handling the lines from
would be in addition to the the hazard of contact between a line electric shock.
requirements in proposed § 1926.958(d) being installed or removed and an Paragraph (b)(4) of proposed
for operations involving mechanical existing energized conductor. To § 1926.964 would require a
equipment. accomplish this, paragraph (b)(2) of determination of the ‘‘approximate’’
To protect employees from falling into proposed § 1926.964 simply adopts the voltage, unless the line being installed
holes into which poles are to be placed, requirements of § 1926.958(d)(3) by is assumed to carry a hazardous induced
paragraph (a)(3)(iii) would require the reference when conductors are installed voltage. Additionally, workers would be
holes to be guarded by barriers or or removed close enough to energized
attended by employees. This provision, conductors that certain failures could 57 Disabling the reclosing feature of circuit
which is equivalent to existing energize the pulling or tensioning protective devices does not provide any protection
§ 1926.955(a)(7), has been taken from equipment in use or the cable being against the initial contact with the energized circuit
§ 1910.269(q)(1)(iv). installed or removed. Basically, the involved. It only prevents the devices from
reenergizing the circuit after they open it on a fault
Paragraph (b) of proposed § 1926.964 employer would be required to institute condition as would occur, for example, when a line
addresses the installation and removal measures to protect employees from being strung by employee drops onto an energized
of overhead lines. The provisions hazardous differences in potential at the conductor.
able to treat the line as energized rather failure of the equipment, conductors, on live lines under all conditions. In
than comply with the additional and supporting structures, which could such cases, usually on medium- and
grounding requirements contained in result in injury to workers. high-voltage transmission lines, the
this paragraph. Prevention of the failure of the line work is performed using the live-line
The proposal does not provide pulling equipment and accessories is bare-hand technique. If work is to be
specific guidance for determining also the purpose of paragraphs (b)(6), performed ‘‘bare handed,’’ the employee
whether or not a hazard exists due to (b)(7), and (b)(8). These provisions, works from an insulated aerial platform
induced voltage. The hazard depends respectively, would require the and is electrically bonded to the
not only on the voltage of the existing operation to be performed within the energized line. Since there is essentially
line, but also on the length of the line load limits of the equipment, would no potential difference across the
being installed and the distance require the repair or replacement of worker’s body, he or she is protected
between the existing line and the new defective apparatus, and would prohibit from electric shock. Paragraph (c) of
one. Electric shock, whether caused by the use of conductor grips not proposed § 1926.964 addresses the live-
induced or other voltage, poses two specifically designed for use in pulling line bare-hand technique.
different hazards. First, the electric operations. Equipment that has been Proposed § 1926.964(c) has been taken
shock could cause an involuntary damaged beyond manufacturing directly from § 1910.269(q)(3). Existing
reaction, which could cause a fall or specifications or that has been damaged § 1926.955(e) contains similar
other injury. Second, the electric shock to the extent that its load ratings would requirements for live-line bare hand
itself could cause respiratory or cardiac be reduced are considered to be work. Substantive differences between
arrest. If no precautions are taken to defective. Load limits and design the proposal and the existing rule are
protect employees from hazards specifications are normally provided by outlined in the following summary and
associated with involuntary reactions the manufacturer, but they can also be explanation of proposed § 1926.964(c).
from electric shock, a hazard is found in engineering and materials Because live-line bare-hand work is
presumed to exist if the induced voltage handbooks (see, for example, The performed on overhead lines, OSHA has
is sufficient to pass a current of 1 Lineman’s and Cableman’s Handbook, proposed to place requirements for this
milliampere through a 500-ohm resistor. 269–Ex. 8–5). type of work in the section relating to
(The 500-ohm resistor represents the When the tension stringing method is work on overhead lines. This is
resistance of an employee. The 1 used, the pulling rig (which takes up the consistent with existing Subpart V.
milliampere current is the threshold of pulling rope and thereby pulls the However, it is technically possible to
perception.) If employees are protected conductors into place) is separated from perform live-line bare-hand work on
from injury due to involuntary reactions the reel stands and tensioner (which pay other types of installations as well (in
from electric shock, a hazard is out the conductors and apply tension to substations, for example). OSHA
presumed to exist if the resultant them) by one or more spans (the requests comments on whether or not
current would be more than 6 distance between the structures the live-line bare-hand requirements
milliamperes (the let-go threshold for supporting the conductors). In an should be consolidated with the other
women). It would be up to the employer emergency, the pulling equipment regulations relating to work on
to ensure that employees are protected operator may have to shut down the energized lines contained in proposed
against serious injury from any voltages operation. Paragraph (b)(9) of proposed § 1926.960.
induced on lines being installed and to § 1926.964 would require Paragraph (c)(1) would require
determine whether the voltages are high communication to be maintained employees using or supervising the use
enough to warrant the adoption of the between the reel tender and the pulling of the live-line bare-hand method on
additional provisions on grounding rig operator, so that in case of energized lines to be trained in the use
spelled out in paragraphs (b)(4)(i) emergency at the conductor supply end, of the technique. Periodic retraining
through (b)(4)(v) of proposed the pulling rig operator can shut the would have to be provided as required
§ 1926.964. These rules propose the equipment down before injury-causing under paragraph (b) of proposed
following requirements: damage occurs. § 1926.950. Without this training,
(1) Grounds must be installed in Paragraph (b)(10) would prohibit the employees would not be able to perform
increments of no more than 2 miles operation of the pulling rig under unsafe the highly specialized work safely.
(paragraph (b)(4)(i)); conditions. OSHA has included an Before work can be started, the
(2) Grounds must remain in place explanatory note following paragraph voltage of the lines on which work is to
until the installation is completed (b)(10) providing examples of unsafe be performed must be known. This
between dead ends (paragraph (b)(4)(ii)); conditions. voltage determines the minimum
(3) Grounds must be removed as the Paragraph (b)(11) would prohibit approach distances and the types of
last phase of aerial cleanup (paragraph employees from unnecessarily working equipment which can be used. If the
(b)(4)(iii)); directly beneath overhead operations or voltage is higher than expected, the
(4) Grounds must be installed at each on the cross arm. This provision would minimum approach distance will be too
work location and at all open dead-end minimize exposure of employees to small and the equipment may not be
or catch-off points or the next adjacent injury resulting from the failure of safe for use. Therefore, paragraph (c)(2)
structure (paragraph (b)(4)(iv)) if equipment, conductors, or supporting of proposed § 1926.964 would require a
employees are working on bare structures during pulling operations. determination to be made of the voltage
conductors; and Under certain conditions, work must of the circuit, of the minimum approach
(5) Bare conductors being spliced be performed on transmission and distances to ground of lines and other
must be bonded and grounded distribution lines while they remain energized parts on which work is to be
(paragraph (b)(4)(v)). energized. Sometimes, this work is performed, and of the voltage
Paragraph (b)(5) would require reel accomplished using rubber insulating limitations of equipment to be used.
handling equipment to be in safe equipment or live-line tools. However, Because an employee performing live-
operating condition and to be leveled this equipment has voltage and other line bare-hand work is at the same
and aligned. Proper alignment of the limitations which make it impossible to potential as the line on which he or she
stringing machines will help prevent insulate the employee performing work is working, the employee has exposure
to two different voltages. First, the employees have no other back-up stick is used to bring a bonding jumper
employee is exposed to the phase-to- system providing for their safety as they (already connected to the conductive
ground voltage with respect to any would for work on deenergized lines.59 bucket liner) into contact with the live
grounded object, such as a pole or Thus, if the employee causes a fault on line. This connection brings the
tower. Second, the employee is exposed the line, the line must not become equipotential area surrounding the
to the full phase-to-phase voltage with reenergized automatically. employee to the same voltage as that of
respect to the other phases on the Sometimes the weather makes live- the line. Proposed § 1926.964(c)(7)
circuit. Thus, there are two sets of line bare-hand work unsafe. For would require the conductive device to
minimum approach distances example, lightning strikes on lines being be bonded to the energized conductor
applicable to live-line bare-hand work- worked can create severe transient before any employee contacts the
one for the phase-to-ground exposure voltages, against which the minimum energized conductor and would require
(the distance from the employee to a approach distances required by this connection to be maintained until
grounded object) and one for the phase- proposed § 1926.960(c)(1) may not work is completed. Proposed
to-phase exposure (the distance from the provide complete protection. § 1926.964(c)(7), which has been taken
employee to another phase). The phase- Additionally, the wind can reduce the from § 1910.269(q)(3)(vii), is essentially
to-phase voltage is higher than the minimum approach distance below identical to existing § 1926.955(e)(14).
phase-to-ground voltage. Consequently, acceptable values. To provide protection Proposed § 1926.964(c)(8) would
the phase-to-phase-based minimum against environmental conditions that require aerial lifts used for live-line
approach distance is greater than the can increase the hazards by an bare-hand work to be equipped with
phase-to-ground-based minimum unacceptable degree, proposed upper controls that are within reach of
approach distance. paragraph (c)(5) would prohibit live-line any employee in the bucket and with
Paragraph (c)(3) would require bare-hand work under conditions that lower controls that permit override
insulated tools and equipment to be make the work hazardous in spite of the operation at the base of the boom. Upper
designed, tested, and intended for live- precautions taken under the proposed controls are necessary so that employees
line bare-hand work and that they be rule. Also, work would not be allowed in the bucket can precisely control the
kept clean and dry. This requirement is under any conditions that reduce the lift’s direction and speed of approach to
important to ensure that equipment minimum approach distances below the live line. Control by workers on the
does not fail under constant contact required values. If insulating guards are ground responding to directions from
with high voltage sources. The proposed provided to prevent hazardous approach those in the bucket could lead to contact
rule would apply to insulated tools to other energized parts and to ground, by an employee in the lift with the
(such as live-line tools), insulated then work could be performed under energized conductor before the bonding
equipment (such as insulated ladders), conditions reducing the minimum jumper is in place. Controls are needed
and aerial devices and platforms used in approach distances. at ground level, however, so that
live-line work. The Agency considers Existing § 1926.955(e)(6) prohibits employees in the lift who might be
insulated equipment that is designed for live-line bare-hand work only during disabled as a result of an accident or
long-duration contact with energized thunderstorms. OSHA believes that illness could be promptly lowered and
parts at the voltage on which it is used expanding the prohibition to include assisted. For this reason, paragraph
(such as a live-line tool) to meet this any weather condition making it unsafe (c)(9) would prohibit operation of the
requirement. Insulating equipment to perform this type of work will better ground level controls except in case of
designed for brush contact only is not protect employees. The language for the emergency. Proposed paragraphs (c)(8)
suitable for live-line bare-hand work. proposed rule has been taken from and (c)(9), which have been taken from
Paragraph (c)(4) would require the § 1910.269(q)(3)(v). § 1910.269(q)(3)(viii) and (q)(3)(ix), are
automatic-reclosing feature of circuit Proposed § 1926.964(c)(6) would essentially identical to existing
protective devices to be made require the use of a conductive device, § 1926.955(e)(12) and (e)(13).
inoperative if the design of those usually in the form of a conductive Proposed § 1926.964(c)(10) would
devices permits. In case of a fault at the bucket liner, which creates an area of require all aerial lift controls to be
equipotential in which the employee checked to ensure that they are in
worksite, it is important for the circuit
can work safely. The employee must be proper working order before any
to be deenergized as quickly as possible
bonded to this device by means of employee is lifted into the working
and for it to remain deenergized once
conductive shoes or leg clips or by position. This paragraph, which has
the protective devices have opened the
another effective method. Additionally, been taken from § 1910.269(q)(3)(x), is
circuit.58 This prevents any possible
if necessary to protect employees further essentially identical to existing
injuries from becoming more severe.
(that is, if differences in electrical § 1926.955(e)(10).
Additionally, this measure helps limit To protect employees on the ground
the possible switching surge voltage, potential at the worksite pose a hazard
from the electric shock that would be
which provides an extra measure of to employees), electrostatic shielding
received upon touching the truck
safety. This provision is comparable to would be required. Proposed
supporting the aerial lift, proposed
existing § 1926.955(e)(5), which requires § 1926.964(c)(6), which has been taken
§ 1926.964(c)(11) would require the
this feature to be rendered inoperable from § 1910.269(q)(3)(vi), is essentially
truck to be grounded or barricaded and
‘‘where practical.’’ The proposal identical to existing § 1926.955(e)(7).
treated as energized. If the truck is
eliminates this phrase because OSHA To avoid receiving a shock caused by
grounded, the insulation of the lift
believes that it is essential that a line charging current, the employee must
limits the voltage on the body of the
which becomes deenergized on a fault bond the conductive bucket liner (or
truck to a safe level. The proposed rule,
not be reenergized if it is possible to do other conductive device) to the
which has been taken from
so. During live-line bare-hand work, energized conductor before he or she
§ 1910.269(q)(3)(xi), is similar to
touches the conductor. Typically, a hot
58 If the circuit protective devices do not provide
existing § 1926.955(e)(9). The existing
an autoreclosing feature, the circuit will remain 59 Personal protective grounding provides requirement in Subpart V, however, also
deenergized by design. In addition, voltage surges supplementary protection in case the deenergized includes a provision for using the
caused by circuit reclosing would not occur. line is reenergized. outriggers on the aerial lift to stabilize
the equipment. The hazard addressed by through Table V–6 to be maintained Proposed §§ 1926.964(c)(17) would
this provision is covered in proposed from grounded objects and from objects prohibit passing uninsulated equipment
§ 1926.959(b)(1), discussed earlier in at a potential different from that at or materials to an employee bonded to
this section of the preamble. which the bucket is energized. These an energized part. Passing uninsulated
Aerial lifts that are used in live-line provisions, which are based on objects to an employee who is bonded
bare-hand work are exposed to the full § 1910.269(q)(3)(xiii), (q)(3)(iv), and to an energized conductor would bridge
line-to-ground voltage of the circuit for (q)(3)(v), are essentially identical to the insulation to ground and endanger
the duration of the job. To ensure that existing § 1926.955(e)(15), (e)(16), and the employee. This proposed provision,
the insulating value of the lift being (e)(17), except for the change in the which is based on § 1910.269(q)(3)(xvii),
used is high enough to protect minimum approach distances. (See the has no counterpart in existing
employees, proposed § 1926.964(c)(12) summary and explanation of proposed § 1926.955(e).
would require a boom-current test to be § 1926.960(c)(1) for a discussion of the Proposed § 1926.964(c)(18) would
made before work is started each day. derivation of minimum approach require a durable nonconductive chart
The test would also be required when a distances.) Paragraph (c)(13) would reflecting the minimum approach
higher voltage is encountered and when apply to minimum approach distances distances prescribed by Table V–2
conditions change to a degree that in general; paragraph (c)(14) would through Table V–6 to be mounted so
warrants retesting the equipment. cover minimum approach distances to that it is visible to the operator of the
Under the standard, the test consists be used as the employee approaches or boom. Of course, a table prescribing
of placing the bucket in contact with a leaves the energized conductor; and minimum approach distances greater
source of voltage equal to that being paragraph (c)(15) relates to the distance than those required would also be
encountered during the job and keeping between the bucket and the end of a acceptable. This provision, which has
it there for at least 3 minutes. This is bushing or insulator string. The latter been taken from § 1910.269(q)(3)(xviii),
normally accomplished at the worksite two paragraphs clarify that the is essentially identical to existing
by placing the bucket in contact with employee and the bucket are considered § 1926.955(e)(20)(i).
the energized line on which work is to to be at phase potential as the employee Proposed § 1926.964(c)(19) would
be performed (without anyone in it, of is approaching the energized part and require a non-conductive measuring
course). that the phase-to-ground minimum device to be available and readily
Paragraph (c)(12), which has been approach distance must be maintained accessible to the employee in the lift.
taken from § 1910.269(q)(3)(xii), is from grounded objects. Similarly, the This provision has been taken from
similar to existing § 1926.955(e)(11). To employee must maintain the phase-to- § 1910.269(q)(3)(xix). Existing
provide employees with a level of phase minimum approach distance from § 1926.955(e)(20)(ii) recommends, but
protection equivalent to that provided the other phases on the system. OSHA does not require, an insulating
by American National Standard for requests comments on whether measuring device. OSHA believes that
Vehicle-Mounted Elevating and Rotating proposed paragraphs (c)(14) and (c)(15) this should be a requirement, rather
Aerial Devices (ANSI A92.2–2001), should address objects at different phase than a recommendation, so that
§ 1926.964(c)(12) proposes to permit a potential in addition to objects at employees can accurately determine
leakage current of up to 1 microampere ground potential. whether the required minimum
per kilovolt of nominal phase-to-ground Proposed paragraph (c)(16) would approach distances are being
voltage. In contrast, the corresponding prohibit the use of hand lines between maintained. Under the existing
provision in existing § 1926.955(e)(11) the bucket and boom and between the standard, an employee might be
allows up to 1 microampere of current bucket and ground. Such use of lines required by the employer to estimate the
for every kilovolt of phase-to-phase could set up a potential difference distance. Compliance with paragraphs
voltage. (For a three-phase, Y-connected between the employee in the bucket and (c)(18) and (c)(19) in proposed
system, the phase-to-phase voltage the power line when the employee § 1926.964 would assist the employee in
equals 1.73 times the phase-to-ground contacts the hand line. If the hand line accurately determining the minimum
voltage.) Because the national consensus is a nonconductive type and if it is not approach distances required by the
standard and § 1910.269(q)(3)(xii) supported from the bucket, it may be standard.
contain the more protective language, used from the conductor to ground. Existing § 1926.955(e)(19) prohibits an
OSHA is proposing the maximum Unless the rope is insulated for the aerial lift used in live-line bare-hand
leakage current of 1 microampere per voltage, employees on the ground must work from being overstressed while
kilovolt of phase-to-ground voltage from treat it as energized. Lastly, ropes used lifting or supporting weights. OSHA has
the general industry standard. for live-line bare-hand work may not be not proposed to include this
Proposed § 1926.964(c)(12) would used for other purposes. requirement under § 1926.964. The
also require the suspension of related This provision, which has been taken hazard addressed by the existing
work activity any time (not only during from § 1910.269(q)(3)(xvi), is similar to requirement is a general hazard, which
tests) a malfunction of the equipment is existing § 1926.955(e)(18). However, the is present any time the aerial lift is used,
evident. This proposed requirement is existing standard, in not just during live-line bare-hand work.
intended to prevent the failure of § 1926.955(e)(18)(ii), prohibits OSHA believes that this hazard is better
insulated aerial devices during use. conductive materials over 36 inches treated in proposed § 1926.959(c),
Only work from an aerial lift is affected. long from being placed in the aerial lift which would require mechanical
Work not involving an aerial lift could bucket. Exceptions are made for equipment to be operated within its
be continued. Halting work from the lift ‘‘appropriate length jumpers, armor design limitations.
will protect employees in the lift, as rods, and tools.’’ OSHA is proposing to Paragraph (d) of proposed § 1926.964
well as those on the ground, from the revoke this requirement. The proposal addresses hazards associated with
electrical hazards involved. would require the minimum approach towers and other structures supporting
Proposed paragraphs (c)(13), (c)(14), distance to be maintained regardless of overhead lines. This paragraph has been
and (c)(15) of proposed § 1926.964 the length of any conductive object. taken from § 1910.269(q)(4).
would require the minimum approach Thus, existing § 1926.955(e)(18)(ii) is Paragraph (b) of existing § 1926.955
distances specified in Table V–2 unnecessary. addresses metal tower construction.
Many of the requirements in the existing redundancy presented by these two easily be injured in the course of
rules cover the same hazards as other existing requirements. jumping into subsurface enclosures or
provisions in the construction Paragraph (d)(3) of proposed in climbing on the cables and hangers
standards. For example, § 1926.964 would require loadlines to which have been installed in these
§ 1926.955(b)(1), (b)(2), and (b)(3) remain in place until the load is secured enclosures, the standard requires the
address hazards associated with footing so that it cannot topple and injure an use of appropriate devices for
excavations. Power transmission and employee. This provision, which has employees entering and exiting
distribution workers are fully protected been taken from § 1910.269(q)(4)(iii), is manholes and vaults. The practice of
from these hazards by Subpart P of Part essentially identical to climbing on equipment such as cables
1926.60 Therefore, the proposed revision § 1926.955(b)(4)(iii) and (b)(6)(iii). The and cable hangers is specifically
of Subpart V contains no counterparts to proposal eliminates the redundancy
prohibited by paragraph (b). This
these existing requirements. Existing presented by these two existing
proposed provision has been taken from
paragraphs (b)(5)(i) and (b)(7) contain requirements.
Some weather conditions can make § 1910.269(t)(1). Subpart V contains no
simple references to other Part 1926 counterpart to this requirement.
requirements. Existing paragraphs work from towers and other overhead
(b)(5)(iii), (b)(6)(i), (b)(6)(v), and (b)(8), structures more hazardous than usual. Paragraph (c) of proposed § 1926.965
which address a few of the hazards For example, icy conditions may make would require equipment used to lower
associated with mechanical equipment, slips and falls much more likely, in fact materials and tools into manholes or
contain requirements that are equivalent even unavoidable. Under such vaults to be capable of supporting the
to provisions in existing Subpart N of conditions, work from towers and other weight and requires this equipment to
Part 1926 or proposed § 1926.959. The structures would generally be be checked for defects before use.
proposed revision of Subpart V contains prohibited by proposed Paragraph (c) would also require
counterparts to none of these six § 1926.964(d)(4). However, when employees to be in the clear when tools
paragraphs. OSHA believes that emergency restoration work 61 is or materials are lowered into the
eliminating these provisions will reduce involved, the additional risk may be enclosure. This provision protects
redundancy and will eliminate the necessary for public safety, and the employees against being injured by
potential for conflicts between different standard permits such work to be falling tools and material. It should be
standards. performed even in bad weather. This
noted that, because work addressed by
To protect employees on the ground provision, which has been taken from
this paragraph exposes employees to the
from hazards presented by falling § 1910.269(q)(4)(iv), is essentially
identical to existing § 1926.955(b)(6)(iv). danger of head injury, § 1926.95(a)
objects, proposed § 1926.964(d)(1) requires employees to wear head
would prohibit workers from standing Section 1926.965, Underground protection when they are working in
under a tower or other structure, unless Electrical Installations underground electrical installations.
their presence is necessary to assist In many electric distribution systems, Proposed paragraph (c) has been taken
employees working above. This electric equipment is installed in from § 1910.269(t)(2). Subpart V
provision, which has been taken from enclosures, such as manholes and contains no counterpart to this
§ 1910.269(q)(4)(i), is equivalent to vaults, set beneath the earth. Proposed requirement.
existing § 1926.955(b)(4)(i) and (b)(5)(ii). § 1926.965 addresses safety for these
The proposal eliminates the redundancy Paragraph (d) of proposed § 1926.965
underground electrical installations. As would require attendants for manholes.
presented by these two existing noted in § 1926.965(a), the requirements
requirements. During the time work is being
proposed in this section are in addition
Paragraph (d)(2) of proposed performed in a manhole that contains
to requirements contained elsewhere in
§ 1926.964 relates to operations that energized electric equipment, an
the standard (and elsewhere in Part
involve lifting and positioning tower 1926) because § 1926.965 only contains employee would be required to be
sections. This provision requires tag considerations unique to underground available in the immediate vicinity (but
lines or other similar devices to be used facilities. For example, proposed not normally in the manhole) to render
to control tower sections being § 1926.953, relating to enclosed spaces, emergency assistance. However, the
positioned, unless the employer can also applies to underground operations attendant would be allowed to enter the
demonstrate that the use of such devices involving entry into an enclosed space. manhole, for brief periods, to provide
would create a greater hazard. The use Proposed § 1926.965 has been taken other than emergency assistance to
of tag lines protects employees from from § 1910.269(t). Existing Subpart V those inside.
being struck by tower sections that are contains requirements for work on The provisions in paragraph (d) are
in motion. This provision, which has underground lines in § 1926.956. being proposed so that emergency
been taken from § 1910.269(q)(4)(ii), is Differences between the existing rules assistance can be provided to employees
the same as § 1926.955(b)(4)(ii) and and the proposed rules are explained in
(b)(6)(ii). The proposal eliminates the working in manholes, where the
the following summary and explanation employees work unobserved and where
of proposed § 1926.965. undetected injury could occur. Taken
60 Two of the requirements in the existing
Paragraph (b) of proposed § 1926.965
paragraphs are covered in other places. Under the from § 1910.269(t)(3) and from existing
would require the use of ladders or
last sentence of existing § 1926.955(b)(1), ladders § 1926.956(b)(1), these proposed
must be used to provide access for pad- or pile-type other climbing devices for entrance into
requirements are intended to protect
footing excavations more than 4 feet deep. This and exit from manholes and subsurface
hazard is already addressed in § 1926.1051(a), employees within the manhole without
vaults that are more than 1.22 meters (4
which requires a stairway or a ladder to be provided exposing the attendants outside to a risk
for access to breaks in elevation of more than 48 cm, feet) deep. Because employees can
of injury greater than that faced by those
unless a ramp, runway, sloped embankment, or
personnel hoist is available. Existing 61 Emergency restoration work is considered to be inside.
§ 1926.955(b)(3)(iii) addresses the stability of that work needed to restore an electric power Because the hazards addressed by
equipment used near excavations. Proposed transmission or distribution installation to an
§ 1926.959(b) and (c) cover hazards associated with operating condition to the extent necessary to
paragraph (t)(3) are primarily related to
instability of mechanical equipment. safeguard the general public. electric shock, allowing the attendant to
enter the manhole briefly 62 has no similar work. As noted earlier, the requirements to all underground
significant effect on the safety of the purpose of requiring an attendant under installations.
employee he or she is protecting. In case proposed § 1926.965(d) is to provide If any energized cables are to be
of electric shock, the attendant would assistance in case an electric shock moved during underground operations,
still be able to provide assistance. The occurs. When an employee is paragraph (g) of proposed § 1926.965
proposed rule would require the performing the types of work listed in would require them to be inspected for
attendant to be trained in first aid and this provision, there is very little chance possible defects that could lead to a
in CPR to ensure that emergency that he or she would suffer an electric fault. (If a defect is found, paragraph (h)
treatment will be available if needed. shock. Thus, the Agency believes it is would apply.) These provisions protect
If other hazards are believed to safe for an employee to perform duties employees against possibly defective
endanger the employee in the manhole, such as housekeeping and inspection cables, which could fault upon being
paragraph (h) of proposed § 1926.953 without the presence of an attendant. moved, leading to serious injury. This
would also apply.63 This provision Under paragraph (d)(4) of proposed paragraph in the proposal, which has
would require attendants for work in an § 1926.965, reliable communications been taken from § 1910.269(t)(6), has no
enclosed space (for example, a manhole) would be required to be maintained counterpart in existing Subpart V.
if a hazard exists because of traffic among all employees involved in the Since defective energized cables may
patterns in the area of the opening to the job, including any attendants, the fail with an enormous release of energy,
enclosed space. Thus, an attendant employees in the manhole, and precautions must be taken to minimize
would be required when traffic patterns employees in separate manholes the possibility of such an occurrence
in the area around the manhole opening working on the same job. This while an employee is working in a
endanger an entrant exiting the requirement, which has been taken from manhole. Therefore, paragraph (h) of
manhole. In such situations, the § 1910.269(t)(3)(iv), has no counterpart proposed § 1926.965 would, in general,
employee on the surface would be in § 1926.956(b)(1). prohibit employees from working in a
exposed to the same hazards against manhole which contains an energized
To install cables into the underground
which he or she is trying to protect the cable with a defect that could lead to a
ducts, or conduits, that will contain
original entrant if the attendant were to fault. The proposal lists typical
them, employees use a series of short
enter the manhole or vault. Therefore, abnormalities that could expose
jointed rods or a long flexible rod
the proposal would not permit employees to injury as: oil or compound
inserted into the ducts. The insertion of
attendants required under § 1926.953(h) leaking from a cable or joint (splice), a
these rods into the ducts is known as
to enter the manhole. To clarify the broken cable sheath or joint sleeve, hot
‘‘rodding.’’ The rods are used to thread
application of the two different localized surface temperatures on a
the cable-pulling rope through the cable or joint, or a joint that is swollen
attendant requirements, a note has been conduit. After the rods have been beyond normal tolerances. Examples of
included following § 1926.965(d)(2). withdrawn and the cable-pulling ropes abnormalities are listed in a note
The note indicates that if an attendant have been inserted, the cables can then following § 1926.965(h). The note states
is also required under § 1926.953(h), be pulled through by mechanical means. that the listed conditions are presumed
one person may serve to satisfy both Paragraph (e) of proposed § 1926.965 to lead to or be an indication of a
requirements, but is not permitted to would require duct rods to be inserted possible impending fault. An employer
enter the manhole. in the direction presenting the least could demonstrate that any one of these
OSHA has included a second note hazard to employees. To make sure that conditions, in a particular case, is not
following § 1926.965(d)(2). This note a rod does not contact live parts at the indicative of an impending fault, in
serves as a reminder that § 1926.960(b) far end of the duct line being rodded, which case proposed § 1926.965(h)
would prohibit unqualified employees which would be in a different manhole would not require protective measures
from working in areas containing or vault, the proposal would also to be taken. This provision, which has
unguarded, uninsulated energized lines require an employee to be stationed at been taken from § 1910.269(t)(7), has no
or parts of equipment operating at 50 the remote end of the rodding operation counterpart in existing Subpart V.
volts or more. to ensure that the required minimum In the § 1910.269 rulemaking, OSHA
Paragraph (d)(3) of proposed approach distances are maintained. This concluded that employees may work in
§ 1926.965 would permit an employee provision, which has been taken from a manhole that contains an energized
working alone to enter a manhole or § 1910.269(t)(4), has no counterpart in cable with abnormalities only when
vault for the purpose of inspection, existing Subpart V. service load conditions and feasible
housekeeping, taking readings, or To prevent accidents resulting from alternatives prevent deenergizing the
working on the wrong cable, one that cable and only when the employees are
62 The attendant would be permitted to remain
may be energized, proposed protected from a failure (January 31,
within the manhole only for the short period of
time necessary to assist the employee inside the § 1926.965(f) would require the 1994, 59 FR 4416).
manhole with a task that one employee cannot identification of the proper cable when Under some service load conditions,
perform alone. For example, if a second employee multiple cables are present in a work it may not be feasible for the electric
is needed to help lift a piece of equipment into area. The identification must be made utility to deenergize the cable with the
place, the attendant could enter only for the amount
of time that is needed to accomplish this task. by electrical means (for example, a defect at the same time that another line
However, if significant portions of the job require meter), unless the proper cable is is deenergized for maintenance work. In
the assistance of a second worker in the manhole, obvious because of appearance, such cases, paragraph (h)(1) of proposed
the attendant would not be permitted to remain in location, or other means of readily § 1926.965 would allow the defective
the manhole for the length of time that would be
necessary, and a third employee would be required. identifying the proper cable. This cable or splice to remain energized as
63 Additionally, as noted in the discussion of proposed paragraph, which has been long as the employees in the manhole
proposed § 1926.953, earlier in this preamble, the taken from § 1910.269(t)(5), is similar to are protected against the possible effects
entry would have to be conducted in accordance existing § 1926.956(c)(4), (c)(5), and of a failure by shields or other devices
with § 1910.146, the generic permit-required
confined spaces standard, if proposed §§ 1926.953
(c)(6); however, existing § 1926.956(c)(4) capable of containing the adverse effects
and 1926.965 would not adequately protect the and (c)(5) apply only to excavations. of a failure. For example, a ballistic
entrants. The proposal would apply the blanket wrapped around a defective
splice can protect against injury from elsewhere in the standard, the protection equivalent to the protection that
the effects of a fault in the splice. The provisions of this paragraph are would be provide by access and working
energy that could be released in case of intended to supplement (rather than space meeting ANSI C2–2002.
a fault is known, and the energy modify) the more general requirements This language accomplishes three
absorbing capability of a shield or other contained in other portions of Subpart goals. First, it explains that an
device can be obtained from the V, such as § 1926.960 on working on or installation need not be in conformance
manufacturer or can be calculated. As near live parts. with ANSI C2–2002 in order to be
long as the energy absorbing capability Proposed § 1926.966(b) would require considered as complying with proposed
of the shield or other device exceeds the enough space to be provided around § 1926.966(b). Second, it informs
available fault energy, employees will electric equipment to allow ready and employers whose installations do not
be protected. The proposal would safe access to and operation and conform to the latest ANSI standard of
require employees to be protected, maintenance of the equipment. This how they can demonstrate compliance
regardless of the type of device used and rule would prevent employees from with the OSHA standard. Third, it
of how it is applied. Additionally, the contacting exposed live parts as a result ensures that, however old an
proposal would permit this option to be of insufficient maneuvering room. A installation is, it provides sufficient
used only ‘‘when service load note has been included to recognize, as space to enable employees to work
conditions and a lack of feasible constituting compliance, the provisions within the space without significant risk
alternatives require that the cable of ANSI C2–2002 for the design of of injury.
remain energized.’’ Employers are workspace for electric equipment. This Proposed § 1926.966(c) would require
required to use alternatives, such as the provision, which has been taken from draw-out-type circuit breakers to be
use of shunts or other means of § 1910.269(u)(1), has no counterpart in inserted and removed while the breaker
supplying areas with power, whenever existing Subpart V. is in the open position. (A draw-out-
feasible before allowing access. OSHA realizes that older installations
Paragraph (h)(2) addresses work that type circuit breaker is one in which the
may not meet the dimensions set forth removable portion may be withdrawn
could itself cause a fault in a cable, such in the latest version of the national
as removing asbestos covering on a from the stationary portion without the
consensus standard. The Agency necessity of unbolting connections or
cable or using a power tool to break believes that the language of proposed
concrete encasing a cable. This type of mounting supports.) Additionally, if the
§ 1926.966(b) is sufficiently design of the control devices permits,
work can damage the cable and create performance oriented that older
an internal fault. The energy released by the control circuit for the circuit breaker
installations built to specifications in would have to be rendered inoperative.
the fault could injure not only the the standards that were in effect at the
employee performing the work but any (Some circuit breaker and control device
time they were constructed would meet designs do not incorporate a feature
other employees nearby. Paragraph the requirement for sufficient workspace
(h)(2) would require the same protective allowing the control circuit for the
provided that the installation and work breaker to be rendered inoperative.)
measures in those situations as practices used enable employees to
paragraph (h)(1), that is, deenergizing These provisions are intended to
perform work safely within the space prevent arcing which could injure
the cable or, under certain conditions, and to maintain the minimum approach
using shields or other protective devices employees. This proposed paragraph,
distances specified in proposed which has been taken from
capable of containing the effects of the § 1926.960(c)(1). In fact, the note for this
fault. § 1910.269(u)(2), has no counterpart in
provision states that the NESC existing Subpart V.
Paragraph (i) of proposed § 1926.965
specifications are guidelines. The ANSI Because voltages can be impressed or
would require metallic sheath
continuity to be maintained while work standard is specifically not being induced on large metal objects near
is performed on underground cables. incorporated by reference here. substation equipment, proposed
Bonding across an opening in a cable’s However, OSHA has included the § 1926.966(d) would require conductive
sheath protects employees against shock following language in the note to fences around substations to be
from a difference in potential between proposed § 1926.966(b): grounded. Continuity across openings is
the two sides of the opening. As an Note to paragraph (b) of this section: also required in order to eliminate
alternative to bonding, the cable sheath Guidelines for the dimensions of access and voltage differences between adjacent
could be treated as energized. (The workspace about electric equipment in parts of the fence.
voltage to which the sheath is to be substations are contained in American This provision has been taken from
considered energized is equal to the National Standard National Electrical Safety § 1910.269(u)(3). Existing
maximum voltage that could be seen Code, ANSI C2–2002. Installations meeting § 1926.957(g)(1) requires ‘‘[a]dequate
the ANSI provisions comply with paragraph interconnection with ground’’ to be
across the sheath under fault (b) of this section. An installation that does
conditions.) This requirement, which maintained between temporary and
not conform to this ANSI standard will,
has been taken from § 1910.269(t)(8), is nonetheless, be considered as complying permanent fences. Existing Subpart V
essentially identical to existing with paragraph (b) of this section if the does not require permanent substation
§ 1926.956(c)(7), except that the employer can demonstrate that the fences to be grounded. However, OSHA
proposal would allow the cable sheath installation provides ready and safe access believes that grounding metal fences,
to be treated as energized in lieu of based on the following evidence: whether they are temporary or
bonding. This is consistent with other (1) That the installation conforms to the permanent, is essential to the safety of
parts of the proposal, such as proposed edition of ANSI C2 that was in effect at the employees working near the fences.
time the installation was made, Proposed § 1926.966(e) addresses the
§ 1926.960(j), which recognize treating (2) That the configuration of the
objects as energized as an alternative to guarding of rooms containing electric
installation enables employees to maintain
grounding. the minimum approach distances required by
supply equipment. This paragraph has
§ 1926.960(c)(1) of this Part while they been taken from § 1910.269(u)(4). The
Section 1926.966, Substations only provisions in existing Subpart V
working on exposed, energized parts, and
Proposed § 1926.966 addresses work (3) That the precautions taken when work addressing guarding of live parts in
performed in substations. As is the case is performed on the installation provide substations are contained in
§ 1926.957(c) and (g). These two Unqualified persons are also prohibited meeting ANSI C2–2002 are considered
provisions require barricades or barriers from areas containing live parts to meet paragraph (f)(1), which is based
to be installed (paragraph (c)) and for operating at more than 600 volts, unless on Section 124A.1 of that standard.
temporary fences to be installed if the live parts are completely enclosed in OSHA will consider installations that
sections of permanent fencing are metal enclosures or are installed at an do not meet ANSI C2–2002 as meeting
removed (paragraph (g)). Existing elevation of at least 8 feet, 6 inches. The proposed paragraph (f)(1) provided the
§ 1926.957(g)(2) also requires gates to metal enclosures must be grounded, and employer can demonstrate that the
unattended substations to be locked. the minimum height increases with installation provides sufficient
The existing requirements only increasing voltage. clearance based on the following
address temporary guarding measures. OSHA is proposing to adopt evidence:
Permanent guarding of live parts, which requirements here that follow the (1) That the installation meets the
is generally more substantial than the Subpart K approach. Proposed requirements of the edition of ANSI C2
tape and cone barricades permitted § 1926.966(e) sets forth criteria for that was in effect at the time the
under the existing rule, is never access by unqualified persons to spaces installation was made,
mentioned in existing § 1926.957. containing electric supply lines or (2) That each employee is isolated
OSHA’s proposed revision of the equipment. Paragraph (e)(1) divides from live parts at the point of closest
substation rules addresses guarding of areas containing electric supply approach, and
live parts in substations in a more equipment into three categories as (3) That the precautions taken protect
comprehensive manner and should follows: employees to the same degree as the
provide better protection for employees. (1) Areas where exposed live parts clearances specified in ANSI C2–2002.
OSHA believes that it is important to operating at 50 to 150 volts to ground This approach would afford
prohibit unqualified persons from areas are located within 2.4 meters (8 feet) of employers flexibility in complying with
containing energized electric supply the ground or other working surface, the standard and would afford
equipment regardless of the work they (2) Areas where live parts operating at employees protection from injury due to
would be performing. Employees between 150 and 601 volts and located sparkover from live circuit parts.
working in these areas must be trained within 2.4 meters (8 feet) of the ground Proposed § 1926.966(f)(2) would
in the hazards involved and in the or other working surface are guarded require the guarding of live parts within
appropriate work practices, as would be only by location, as permitted under a compartment to be maintained during
required by proposed § 1926.950(b)(2). paragraph (f)(1), and operation and maintenance functions.
Otherwise, they would not be able to (3) Areas where live parts operating at This guarding is intended to prevent
distinguish hazardous circuit parts from more than 600 volts are located, unless: accidental contact with energized parts
non-hazardous equipment and would (a) The live parts are enclosed within and to prevent objects from being
not be familiar with the appropriate grounded, metal-enclosed equipment dropped on energized parts. However,
work practices, regardless of the jobs whose only openings are designed so since access must be gained to energized
they are performing. There have been that foreign objects inserted in these equipment by qualified employees, an
accidents that involve contact of openings will be deflected from exception to this proposed requirement
unqualified persons with energized energized parts, or allows the removal of guards for fuse
parts in such areas. (b) The live parts are installed at a replacement and other necessary access
Subpart V is intended to apply to height above ground and any other by qualified persons. In such cases,
electrical installations for which OSHA working surface that provides protection proposed paragraph (f)(3) would protect
has few design requirements. The at least equivalent to an 2.4-meter (8- other employees working nearby by
Subpart K electrical installation foot) height at 50 volts. requiring the installation of protective
standards typically do not apply to Proposed § 1926.966(e)(2) through barriers around the work area.
electric power transmission and (e)(5) propose requirements that would So that employees can receive
distribution installations, and such apply to these areas. The areas would pertinent information on conditions that
installations may pose hazards in have to be so enclosed as to minimize affect safety at the substation, paragraph
addition to those of exposed live parts. the possibility that unqualified persons (g)(1) would require employees who do
For example, equipment enclosures may will enter; warning signs would have to not regularly work at the station to
be ungrounded. If the requirements of be displayed; and entrances not under report their presence to the employee in
Subpart K are not being met, then it is the observation of an attendant would charge. Typical conditions affecting
important to prevent unqualified have to be kept locked. Additionally, safety in substations include the
persons from gaining access to areas unqualified persons would not be location of energized equipment in the
containing electric power transmission permitted to enter these areas while the area and the limits of any deenergized
and distribution equipment. electric supply lines or equipment are work area. Proposed paragraph (g)(2)
If, on the other hand, the installation energized. would require this specific information
conforms to Subpart K, at least with Proposed § 1926.966(f) also addresses to be communicated to employees
respect to the guarding of live parts and guarding of live parts. This paragraph, during the job briefing required by
to the grounding of enclosures for these which has been taken from proposed § 1926.952. These two
parts, unqualified employees may safely § 1910.269(u)(5), has no counterpart in requirements have been taken from
access substation areas. In Subpart K, existing Subpart V. § 1910.269(u)(6).
suitable protection is provided by Proposed § 1926.966(f)(1) would Existing § 1926.957(a)(1) requires
§§ 1926.403(j)(2), 1926.403(i)(2), and require live parts operating at more than authorization to be obtained from the
1926.404(f)(7) for employees working in 150 volts to be guarded (by physical person in charge of the substation before
substations. These provisions prohibit guards or by location) or insulated. This work is performed. The proposal would
unqualified persons from accessing provision protects qualified employees not require authorization. OSHA does
areas containing exposed live parts from accidentally contacting energized not believe that such a requirement is
operating at 50 volts through 600 volts parts. Guidance for clearance distances necessary. As noted, proposed
and located less than 8 feet above the appropriate for guarding by location can § 1926.966(g)(1) would require
floor or other working surface. be found in ANSI C2. Installations employees who do not regularly work in
the substation to report their presence to For work on individual capacitors in installations in proposed § 1926.965, as
the employee in charge. The main a series-parallel capacitor bank, each appropriate. These provisions, which
purpose of this rule is for the flow of unit must be short-circuited between its have been taken from § 1910.269(w)(3),
important safety-related information terminals and the capacitor tank or rack, have no counterpart in existing Subpart
from the employee in charge to and the rack must be grounded; V.
employees about to work in the otherwise, individual capacitors could Frequently, electric power
substation. As long as this information retain a charge. These considerations are transmission and distribution
is imparted to the employees performing proposed in paragraph (a)(2). Lastly, employees must work at night or in
the work and as long as the paragraph (a)(3) also requires lines to enclosed places, such as manholes, that
requirements proposed in the revision which capacitors are connected to be are not illuminated by the sun. Since
of Subpart V are followed, the work can short-circuited before the lines can be inadvertent contact with live parts can
be performed safely. The Agency does considered deenergized. be fatal, good lighting is important to
not believe that the requirement that the A note referring to the requirements the safety of these workers. Therefore,
work be authorized is necessary for for deenergizing electric transmission proposed § 1926.967(d) would require
employee safety; however, OSHA and distribution lines and equipment sufficient illumination to be provided so
requests comments on whether or not (proposed § 1926.961) and for grounding that work can be performed safely. This
the lack of authorization to perform (proposed § 1926.962) has been provision, which has been taken from
work can lead to accidents. included following § 1926.967(a) to alert § 1910.269(w)(4), is comparable to
Existing § 1926.957(a)(2) is essentially readers to the appropriate requirements existing § 1926.950(f). The existing
identical to proposed § 1926.966(g)(2), for deenergizing and grounding. requirement, however, applies only at
except that the existing rule, in Although the magnetic flux density in night. OSHA believes that it is
paragraph (a)(2)(ii), also requires the the core of a current transformer is important for employees to have
determination of what protective usually very low, resulting in a low sufficient lighting to perform the work
secondary voltage, it will rise to safely no matter what the time of day is.
equipment and precautions are
saturation if the secondary circuit is The note following proposed
necessary. Since the job briefing is
opened while the transformer primary is § 1926.967(d) refers to § 1926.56 for
already required to cover these areas
energized. If this occurs, the magnetic specific levels of illumination that are
under proposed § 1926.952(b), existing
flux will induce a voltage in the required under various conditions.
§ 1926.957(a)(2)(ii), which applies only
secondary winding high enough to be To protect employees working in
to work in energized substations, would
hazardous to the insulation in the areas that expose them to the hazards of
no longer be necessary.
secondary circuit and to personnel. drowning, proposed § 1926.967(e)
Section 1926.967, Special Conditions Because of this hazard to workers, would require the provision and use of
proposed § 1926.967(b) would prohibit personal flotation devices. Additionally,
Proposed § 1926.967 proposes
the opening of the secondary circuit of to ensure that these devices would
requirements for special conditions that
a current transformer while the primary provide the necessary protection upon
are encountered during electric power is energized. If the primary cannot be demand, they would have to be
transmission and distribution work. deenergized for work to be performed approved by the U.S. Coast Guard, be
Since capacitors store electric charge on the secondary, then the secondary maintained in safe condition, and be
and can release electrical energy even circuit would have to be bridged so that inspected frequently enough to ensure
when disconnected from their sources an open-circuit condition does not that they do not have defects or other
of supply, some precautions may be result. This provision, which has been conditions that would render them
necessary—in addition to those taken from § 1910.269(w)(2), has no unsuitable for use. Lastly, employees
proposed in § 1926.961 (deenergizing counterpart in existing Subpart V. would not be permitted to cross streams
lines and equipment) and § 1926.962 In a series streetlighting circuit, the unless a safe means of passage is
(grounding)—when work is performed lamps are connected in series, and the provided. This provision, which has
on capacitors or on lines that are same current flows in each lamp. This been taken from § 1910.269(w)(5),
connected to capacitors. Proposed current is supplied by a constant- would replace existing § 1926.950(g).
§ 1926.967(a), which has been taken current transformer, which provides a The existing rule simply references
from § 1910.269(w)(1), contains constant current at a variable voltage other construction standards on body
precautions which will enable this from a source of constant voltage and belts, safety straps, and lanyards, on
equipment to be considered as variable current. Like the current safety nets, and on protection for
deenergized. This proposed paragraph transformer, the constant current source working near water, namely
has no counterpart in existing Subpart attempts to supply current even when §§ 1926.104, 1926.105, and 1926.106.
V. the secondary circuit is open. The OSHA is proposing language identical
Under proposed § 1926.967(a)(1), resultant open-circuit voltage can be to that contained in § 1910.269 for
capacitors on which work is to be very high and hazardous to employees. consistency with that standard, which
performed would have to be For this reason, § 1926.967(c)(2) the Agency believes affords better
disconnected from their sources of proposes a requirement, similar to that protection for electric power
supply and, after a 5-minute wait, short- in proposed paragraph (b), that either transmission and distribution
circuited. This not only removes the the streetlighting transformer be employees. However, comments are
sources of electric current but relieves deenergized or the circuit be bridged to invited on whether or not existing
the capacitors of their charge as well. It avoid an open-circuit condition. In § 1926.950(g) would better protect
should be noted that ANSI/IEEE addition, proposed § 1926.967(c)(1) employees.
Standard No. 18–2002 requires all would require streetlighting circuits Proposed § 1926.967(f) references
capacitors to have an internal resistor with an open circuit voltage of more Subpart P of Part 1926 for requirements
across its terminals to reduce the voltage than 600 volts to be worked in on excavations. This provision is
to 50 volts or less within 5 minutes after accordance with the requirements on equivalent to existing § 1926.956(c)(2),
the capacitor is disconnected from an overhead lines in proposed § 1926.964 which references §§ 1926.651 and
energized source. or on underground electrical 1926.652 of that subpart. The proposed
rule clearly indicates that all of the reference § 1926.54 in paragraph (i) of than that set forth in the guide. These
requirements of Subpart P apply. proposed § 1926.967. This proposed measures may be of an administrative
Employees working in areas with paragraph, which has been taken from nature (such as limitations on the
pedestrian or vehicular traffic are § 1910.269(w)(8), has no counterpart in duration of exposure) or of an
exposed to additional hazards compared existing Subpart V. engineering nature (such as a design of
to employees working on an employer’s To ensure that hydraulic equipment the system that limits the emitted
premises, where public access is retains its insulating value, paragraph (j) radiation to that permitted by the guide)
restricted. One serious additional of proposed § 1926.967 would require or may involve the use of personal
hazard faced by workers exposed to the the hydraulic fluid used in insulated protective equipment. This proposed
public is that of being struck by a sections of such equipment to be of the provision would not require employers
vehicle (or even by a person). To protect insulating type. Paragraph (d)(1) of to follow the hierarchy of controls
employees against being injured as a § 1926.302 requires hydraulic fluid used normally required for the protection of
result of traffic mishaps, proposed in hydraulic powered tools to be fire- employees from occupational hazards.
§ 1926.967(g) would require the resistant. Because available insulating Employees exposed to radiation levels
placement of warning signs or flags or fluids are not fire-resistant, proposed beyond that permitted by the radiation
other warning devices to channel § 1926.967(j) would exempt insulating protection guide are typically
approaching traffic away from the work hydraulic fluid from § 1926.302(d)(1). performing maintenance tasks. OSHA
area if the conditions in the area pose Proposed § 1926.967(j) is essentially typically permits the use of personal
a hazard to employees. If warning signs identical to existing § 1926.950(i). protective equipment in these
are not sufficient protection or if Proposed § 1926.967(k) addresses situations. No employees are exposed to
employees are working in an area in communication facilities associated these levels on a routine basis. The
which there are excavations, barricades with electric power transmission and Agency requests comments on whether
must be erected. Additionally, warning distribution systems. Typical the proposal adequately protects
lights are required for night work. This communications installations include employees and whether the standard
proposed paragraph also references those for microwave signaling and should require employers to follow the
§ 1926.200(g)(2), which covers traffic power line carriers. This proposed hierarchy of controls.
control devices. This provision in paragraph, which has been taken from Power line carrier systems use the
OSHA’s construction standards § 1910.269(s), has no counterpart in power line itself to carry signals
incorporates Part VI of the Manual of existing Subpart V. between equipment at different points
Uniform Traffic Control Devices, 1988 Microwave signaling systems are on the line. Because of this, the proposal
Edition, Revision 3, September 3, 1993, addressed by paragraph (k)(1) of would require, in § 1926.967(k)(2), that
FHWA–SA–94–027, or Part VI of the proposed § 1926.967. To protect work associated with power line carrier
Manual on Uniform Traffic Control employees’ eyes from being injured by installations be performed according to
Devices, Millennium Edition, December microwave radiation, paragraph (k)(1)(i) the requirements for work on energized
2000, Federal Highway Administration, would require employers to ensure that lines.
by reference. Proposed § 1926.967, employees do not look into an open
which has been taken from waveguide or antenna that is connected Section 1926.968, Definitions
§ 1910.269(w)(6), has no counterpart in to an energized source of microwave Proposed § 1926.968 contains
existing Subpart V. radiation. definitions of terms used in the
Proposed § 1926.967(h) addresses the Existing § 1910.97, which covers non- standard. Since these definitions have
hazards of voltage backfeed due to ionizing radiation, prescribes a warning been taken, in large part, from
sources of cogeneration or due to the sign with a special symbol indicating consensus standards and existing OSHA
configuration of the circuit involved. non-ionizing radiation hazards. rules and since the definitions included
Under conditions of voltage backfeed, Paragraph (k)(1)(ii) of proposed are generally self-explanatory, OSHA
the lines upon which work is to be § 1926.967 would require areas that expects these terms to be well
performed remain energized after the contain radiation in excess of the understood, and no explanation is given
main source of power has been
radiation protection guide set forth in here, except for the definition of the
disconnected. According to this
§ 1910.97 to be posted with the warning term ‘‘qualified employee.’’ For other
proposed provision, the lines would
sign. Also, the proposal would require terms whose meaning may not be
have to be worked as energized, under
the lower half of that sign to be labeled readily apparent, the Agency has
proposed § 1926.960, or could be
as follows: provided an explanation in the
worked as deenergized, following
proposed §§ 1926.961 and 1926.962. Radiation in this area may exceed hazard discussion of the provision in which the
The referenced requirements contain the limitations and special precautions are term first appears. (For example, the
appropriate controls and work practices required. Obtain specific instruction before explanation of the definitions of ‘‘host
to be taken in case of voltage backfeed. entering. employer’’ is given in the discussion of
This proposed paragraph, which has The sign is intended to warn proposed § 1926.950(c)(1), earlier in this
been taken from § 1910.269(w)(7), has employees about the hazards present in section of the preamble.)
no counterpart in existing Subpart V. the area and to inform them that special The definition of ‘‘qualified
Sometimes, electric power instructions are necessary to enter the employee’’ is based on the definition of
transmission and distribution work area. that term as set forth in § 1910.269(x).
involves the use of lasers. Appropriate In § 1910.97, the radiation protection This definition reads as follows:
requirements for the installation, guide is advisory only. Paragraph One knowledgeable in the construction
operation, and adjustment of lasers are (k)(1)(iii) of proposed § 1926.967 would and operation of the electric power
contained in existing § 1926.54 of the make the guide mandatory for electric generation, transmission, and distribution
construction standards. Rather than power transmission and distribution equipment involved, along with the
develop different requirements for work by requiring the employer to associated hazards.
electric power transmission and institute measures that prevent any OSHA does not intend to require
distribution work, OSHA has decided to employee’s exposure from being greater employees to be knowledgeable in all
aspects of electric power generation, requests information on whether equipment nearly always exposes
transmission, and distribution Appendix B requires additional employees to the same hazards as the
equipment in order to be considered as changes, beyond what the Agency is maintenance of electric power lines and
‘‘qualified.’’ OSHA believes that the proposing, to make it consistent with equipment. Power line workers use the
proposed definition will convey the current technology. (See the summary same protective equipment and safety
Agency’s true intent. It should be noted and explanation of proposed techniques in both types of work.
that the proposal uses the term § 1926.960(c)(1).) OSHA intends to During the course of a workday, these
‘‘qualified employee’’ to refer only to revise the explanatory material in employees can perform both types of
employees who have the training to Appendix B similarly when the Agency work.
work on energized electric power issues the final rule.
transmission and distribution Appendix C provides information For example, a power line crew could
installations. Paragraph (b)(2) of relating to the protection of employees be assigned to replace two transformers
proposed § 1926.950 sets out the from hazardous step and touch that have failed. In one case, the
training an employee would have to potentials as addressed in transformer is replaced with an
have to be considered a qualified § 1926.959(d)(3)(iii)(D), equivalent one; in the other case, it is
employee. A note to this effect has been § 1926.963(d)(3)(ii), and replaced with a transformer with a
included following the definition of this § 1926.964(b)(2). different kilovolt-ampere rating. When
term. Appendix D contains information on the employees perform the first job, they
Appendices. OSHA is including seven the inspection and testing of wood poles are performing maintenance work
appendices to proposed Subpart V. addressed in § 1926.964(a)(2). covered by Part 1910. However, the
Appendix A refers to Appendix A to Appendix E contains references to second job is considered to be
§ 1910.269, which contains flow charts additional sources of information that construction and is covered by Part
may be used to supplement the 1926. The employees would almost
depicting the interface between
requirements of proposed Subpart V. certainly use identical work practices
§ 1910.269 and the following standards:
The national consensus standards and protective equipment for both jobs.
§ 1910.146, Permit-required confined
referenced in this appendix contain
spaces; § 1910.147, The control of Because of this, OSHA believes that it
detailed specifications to which
hazardous energy (lockout/tagout); and is important to have the same
employers may refer in complying with
Part 1910, Subpart S, Electrical. While requirements apply regardless of the
the more performance-oriented
these general industry standards are not type of work being performed. If the
requirements of OSHA’s proposed rule.
applicable to construction work, corresponding Part 1910 and Part 1926
Except as specifically noted in Subpart
employers will still need this standards are the same, employers can
V, however, compliance with the
information when the construction work national consensus standards would not adopt one set of work rules covering all
performed under Subpart V interfaces be a substitute for compliance with the types of work. Employers and
with general industry work. Thus, provisions of the OSHA standard. employees would not be faced with
Appendix A will assist employers in Appendix F provides guidance on the having to decide whether a particular
determining which of these standards selection of protective clothing for job was construction or maintenance—
applies in different situations. employees exposed to electric arcs as a factor that in virtually every instance
Appendix B provides information addressed in proposed § 1926.960(g). has no bearing on the safety of
relating to the determination of Appendix G contains guidelines for
appropriate minimum approach employees.
the inspection of work positioning
distances as proposed by equipment to assist employers in Therefore, in this rulemaking, OSHA
§ 1926.950(c)(1) and § 1926.964(c). This complying with proposed is proposing revisions to §§ 1910.137
appendix is based on Appendix B to § 1926.954(b)(3)(i). and 1910.269 so that the construction
§ 1910.269, with revisions necessary to and maintenance standards will be the
reflect the changes to the minimum C. Part 1910 Revisions same.64 The following distribution table
approach distances proposed for The construction of electric power presents the major revisions and
§ 1910.269 and Subpart V. OSHA transmission and distribution lines and OSHA’s rationale for proposing them.
Proposed part 1910 revision Proposed part 1926 revision Rationale and comments
§ 1910.137(A)(1)(ii), (b)(2)(vii), and § 1926.97(a)(1)(ii), (c)(2)(vii), and Section 1910.137 would be revised to include Class 00 rubber insu-
Tables I–2, I–3, I–4, and I–5. Tables E–1, E–2, E–3, and E–4. lating gloves.
The note following The note following The note would be revised to include the latest ASTM standards.
§ 1910.137(a)(3)(ii)(B). § 1926.97(a)(3)(ii)(B). References to ASTM definition and to an ASTM guide for visual in-
spection of rubber insulating equipment have been included to pro-
vide additional useful information for complying with the OSHA
standard.
A new note following The note following A reference to an ASTM guide for visual inspection of rubber insu-
§ 1910.137(b)(2)(ii). § 1926.97(b)(2)(ii). lating equipment has been included to provide additional useful in-
formation for complying with the OSHA standard.
64 Subpart V does not contain requirements for
electric power generation installations or for line-

clearance tree-trimming work. See the summary and
explanation of proposed § 1926.950(a)(3), earlier in
this preamble.
§ 1910.137(b)(2)(vii)(B) and (C) ...... § 1926.97(c)(2)(vii)(B) and (C) ....... Existing § 1910.137(b)(2)(vii)(B) would be split into two separate CFR
units.
§ 1901.137(c) [New] ........................ § 1926.97(b) ................................... A new paragraph would be added to cover electrical protective equip-
ment that is not made of rubber. See the summary and explanation
of proposed § 1926.97(b).
§ 1910.269(a)(2)(i) ........................... § 1926.950(b)(1) ............................ Existing § 1910.269(a)(2)(i) would be split into three separate CFR
units. The last of those units, paragraph (a)(2)(i)(c), would intro-
duce a new requirement that the degree of training be determined
by the risk to the employee. See the discussion of proposed
§ 1926.950(b)(1)(iii).
§ 1910.269(a)(2)(ii)(E) [New] ........... § 1926.950(b)(2)(v) ........................ A new paragraph would be added to require qualified employees to
be trained to recognize and to control or avoid electrical hazards.
See the discussion of proposed § 1926.950(b)(2)(v).
§ 1910.269(a)(2)(vii) ........................ § 1926.950(b)(7) ............................ The existing requirement for employers to certify that employees
have been trained would be replaced with a requirement for em-
ployers to determine that employees have demonstrated pro-
ficiency in the work practices involved. In addition, a new note
would be added to clarify how training received in a previous job
would satisfy the training requirements. See the discussion of pro-
posed § 1926.950(b)(7).
§ 1910.269(a)(4) [New] .................... § 1926.950(c) ................................. A new paragraph would be added to require host and contract em-
ployers to share information on safety-related matters. See the dis-
cussion of proposed § 1926.950(c).
§ 1910.269(c) ................................... § 1926.952 ..................................... The existing provision would be reorganized and renumbered. A new
requirement would be added to ensure that employers provide the
employee in charge with sufficient information to be able to com-
plete the job safely. See the discussion of proposed § 1926.952.
The note following § 1910.269(e)(6) None .............................................. This note would be removed. It currently references § 1910.146 for
the definition of ‘‘entry.’’ OSHA is proposing to add a definition of
this term to § 1910.269, so this note would be unnecessary.
§ 1910.269(e)(8) .............................. § 1926.952(h) ................................. OSHA is proposing to remove the requirement to provide an attend-
ant if there is reason to believe a hazard exists in the enclosed
space. Paragraph (e)(1) of § 1910.269 requires the entry to con-
form to § 1910.146 if there are hazards for which the requirements
of § 1910.269(e) and (t) do not provide adequate protection. Thus,
if an employer has reason to believe that a hazard exists despite
the precautions taken under § 1910.269(e) and (t), then § 1910.146
applies, and an attendant would be required by that standard.
§ 1910.269(e)(8) .............................. § 1926.953(i) .................................. The existing requirement would be revised to clarify that the test in-
strument must have an accuracy of ±10 percent.
§ 1910.269(e)(12) ............................ § 1926.953(m) ................................ The existing requirement would be revised to require the employer to
be able to demonstrate that ventilation was maintained long
enough to ensure that a safe atmosphere exists before employees
enter an enclosed space.
§ 1910.269(g)(2) .............................. § 1926.954(b) ................................. The existing requirements would be revised to maintain consistency
with the construction provisions. See the discussion of proposed
§ 1926.954(b).
§ 1910.269(l)(2)(i) ............................ § 1926.960(c)(1)(i) ......................... The existing requirement would be clarified to indicate that an ener-
gized part must be under the full control of the employee for rubber
insulating gloves or rubber insulating gloves and sleeves to be con-
sidered as sufficient insulation from that part. See the discussion of
proposed § 1926.960(c)(1).
§ 1910.269(l)(3) and (4) .................. § 1926.960(c)(2) and (d) ................ OSHA is proposing to revise the existing requirements to ensure that
employees use electrical protective equipment whenever they can
reach within the minimum approach distance of an energized part.
See the discussion of § 1926.960(c)(2) and (d).
§ 1910.269(l)(6) [Revised] and (12) § 1926.960(f) and (g) ..................... OSHA is proposing to revise the existing requirements on clothing in
[New]. § 1910.269(l)(6)(ii) and (iii) to require employees to be protected
from electric arcs. See the discussion of proposed § 1926.960(g).
Table R–6 ........................................ Table V–2 ...................................... The existing table would be revised so that it contains the same min-
imum approach distances as ANSI C2 (on which it is based). See
the discussion of proposed § 1926.960(c)(1).
§ 1910.269(m)(3)(viii) ...................... § 1926.961(c)(3)(ii) ......................... The existing provision would be revised to require independent crews
to coordinate energizing and deenergizing lines and equipment if
no system operator is in charge. The new provision would prevent
one crew from energizing a line or equipment that another crew
was working on.
§ 1910.269(n)(4) .............................. § 1926.962(d) ................................. The existing requirement would be revised to allow smaller protective
grounds under certain conditions. See the discussion of proposed
§ 1926.962(d).
§ 1910.269(n)(6) and (n)(7) ............. § 1926.962(f) .................................. The existing requirement would be revised to allow insulating equip-
ment other than a live-line tool to place grounds on or remove
them from circuits of 600 volts or less under certain conditions.
See the discussion of § 1926.962(f).
§ 1910.269(p)(4)(i) ........................... § 1926.959(d)(1) ............................ OSHA is proposing to clarify the existing provision to indicate that, if
an insulated aerial lift comes closer to an energized part than the
minimum approach distance, the aerial lift must maintain the min-
imum approach distance from objects at a different potential. See
the discussion of § 1926.959(d)(1).
§ 1910.269(t)(3), (7), and (8) ........... § 1926.965(d), (h), and (i) .............. OSHA is proposing to apply these requirements to vaults as well as
manholes. Additionally, OSHA is proposing to add a requirement to
address work that could cause a cable to fail. See the discussion
of proposed § 1926.965(d), (h), and (i).
The notes following The notes following and The references in these notes to ANSI C2–1987 would be updated to
§ 1910.269(u)(1), (u)(5)(i), (v)(3), § 1926.966(b) (f)(1). ANSI C2–2002.
and (v)(5).
§ 1910.269(x) ................................... § 1926.968 ..................................... OSHA is proposing to add definitions of ‘‘contract employer,’’ ‘‘host
employer,’’ and ‘‘entry.’’ See the discussion of proposed
§§ 1926.950(c) and 1926.953.
Appendix F to § 1910.269 [New] ..... Appendix F to Subpart V ............... OSHA is proposing to add a new appendix containing information on
protecting employees from electric arcs.
Appendix G to § 1910.269 [New] .... Appendix G to Subpart V .............. OSHA is proposing to add a new appendix containing guidelines for
the inspection of work positioning equipment.
There are some differences in when construction work is performed entries, as that general industry
language between proposed Subpart V instead of general industry standards standard does not apply to construction
and existing § 1910.269. Some of these when maintenance work is performed. work. OSHA intends to retain such
differences are because § 1910.269 For example, proposed § 1926.969(a)(1) differences in the final rule.
applies to electric power generation contains exemptions from
On the other hand, OSHA has
installations and related work practices §§ 1926.550(a)(15) and 1926.600(a)(6) 65
identified several nonsubstantive
but Subpart V does not. For example, for the operation of mechanical
equipment by qualified employees near differences between the existing
existing § 1910.269(b)(1)(ii) addresses
CPR training requirements for fixed overhead power lines. Existing language in §§ 1910.137 and 1910.269
work locations ‘‘such as generating § 1910.269 contains no similar and the language proposed in § 1926.97
stations.’’ The corresponding requirement because the corresponding and Subpart V. Table IV–8 identifies
construction provision in proposed general industry provision, these differences. The Agency intends to
§ 1926.951(b)(1)(ii) contains the exact § 1910.333(c)(3), does not apply to carry those changes into final
same requirement, but lists qualified employees performing work §§ 1910.137 and 1910.269. OSHA
‘‘substations’’ as examples of fixed work covered by § 1910.269. In a similar invites comments and questions on any
locations. OSHA intends to retain such fashion, proposed § 1926.953(a) does differences between the proposed
differences in the final rule. not contain § 1910.269(e)’s exemption standards and existing §§ 1910.137 and
Other differences result from the from paragraphs (d) through (k) of 1910.269 and on how the respective
application of construction standards § 1910.146 dealing with permit-space final rules should be made consistent.
TABLE IV–8.—PROVISIONS WITH NONSUBSTANTIVE CHANGES
Section 1926.97 provisions with nonsubstantive changes in language Correspondong provisions in existing § 1910.137
1926.97(c)(2)(xii), Note.
1910.137(b)(2)(xii), Note.
Subpart V Provisions with Nonsubstantive Changes in Language Corresponding provisions in Existing § 1910.269
1926.950(a)(2) .......................................................................................... 1910.269(a)(1)(iii).

1926.950(b)(2), introductory text .............................................................. 1910.269(a)(2)(ii), introductory text.
1926.950(b)(2), Note ................................................................................ 1910.269(a)(2)(ii), Note.
1926.950(b)(4)(i) ....................................................................................... 1910.269(a)(2)(iv)(A).
1926.955(b)(4) .......................................................................................... 1910.269(h)(2)(iii).
1926.956(d)(3) .......................................................................................... 1910.269(i)(4)(ii).
1926.957(a) .............................................................................................. 1910.269(j)(1).
1926.961(c)(9)(i) ....................................................................................... 1910.269(m)(3)(x)(A).
1926.961(c)(10) ........................................................................................ 1910.269(m)(3)(xi).
1926.962(b), introductory text .................................................................. 1910.269(n)(2), introductory text.
1926.966(e)(1)(iii), introductory text. ........................................................ 1910.269(u)(4)(i)(C), introductory text.
1926.968, definition of ‘‘designated employee’’. ...................................... 1910.269(x), definition of ‘‘designated employee’’.
65 These provisions generally require that a 3.05-

between mechanical equipment and overhead
power lines.
meter (10-foot) minimum clearance be provided
TABLE IV–8.—PROVISIONS WITH NONSUBSTANTIVE CHANGES—Continued

Section 1926.97 provisions with nonsubstantive changes in language Correspondong provisions in existing § 1910.137
1926.968, Note to the definition of 1910.269(x), Note to the definition of ‘‘guarded’’.

‘‘guarded’’.
Notes:
(1) This table does not list provisions in which the only change was to break up paragraphs with multiple requirements into separately num-
bered paragraphs. See, for example, proposed § 1926.960(b)(1)(i), (b)(1)(ii), and (b)(2), which were taken from the introductory text to existing
§ 1910.269(1)(1).
(2) This table also does not list provisions in which the only change was a conversion to international standard (SI) units. See, for example,
proposed § 1926.966 (e)(1)(iii)(B), which was taken from existing § 1910.269(u)(4)(i)(C)(2).
OSHA expects that final Subpart V considered in adopting the final § 1926.951(b)(1).) Although OSHA has
will differ from proposed Subpart V construction standards and vice versa. not proposed to revise the
because of changes adopted based on In particular, the Agency has requested corresponding general industry
the rulemaking record. When the final comments on several issues in the provision, existing § 1910.269(b)(1), the
rule is published, the Agency intends to proposed revision of Subpart V and in Agency intends to revise that general
make corresponding changes to proposed new § 1926.97. Some of these industry provision if the rulemaking
§ 1910.269 to keep the two rules the issues are directed towards record supports a requirement for AEDs.
same, except to the extent that requirements in those construction Therefore, OSHA encourages all
substantial differences between standard that are taken from general rulemaking participants to respond to
construction work and general industry industry provisions that OSHA is not these issues regardless of whether the
work warrant different standards. proposing to revise. For example, earlier
participants are covered by the
Similarly, the Agency intends to adopt in this section of the preamble, the
construction standards. Table IV–9 is a
changes to § 1910.137 so that it is the Agency requests comments on whether
same as § 1926.97. Therefore, OSHA is AEDs should be required as part of the cross-reference table to help interested
seeking comment on entire §§ 1910.137 medical and first aid requirements in parties to find the section in Subpart V
and 1910.269. Comments received on proposed § 1926.951. (See the summary that corresponds to a particular
the general industry standards will be and explanation of proposed paragraph in § 1910.269.
TABLE IV–9.—PROVISIONS IN SUBPART V CORRESPONDING TO PARAGRAPHS IN § 1910.269

Paragraph Corresponding section in subpart V Topic
in § 1910.269
(a) ..................................................................................... § 1926.950 ....................................................................... General, scope, and train-

ing.
(b) ..................................................................................... § 1926.951 ....................................................................... Medical services and first
aid.
(c) ..................................................................................... § 1926.952 ....................................................................... Job briefing.
(e) ..................................................................................... § 1926.953 ....................................................................... Enclosed spaces.
(f) ...................................................................................... § 1926.967(f) .................................................................... Excavations.
(g) ..................................................................................... § 1926.954 ....................................................................... Personal protective equip-
ment.
(h) ..................................................................................... § 1926.955 ....................................................................... Ladders and platforms.
(i) ...................................................................................... § 1926.956 ....................................................................... Hand and portable power
tools.
(j) ...................................................................................... § 1926.957 ....................................................................... Live-line tools.
(k) ..................................................................................... § 1926.958 ....................................................................... Materials handling and stor-
age.
(l) ...................................................................................... § 1926.960 ....................................................................... Working on or near ex-
posed energized parts.
(m) .................................................................................... § 1926.961 ....................................................................... Deenergizing lines and
equipment for employee
protection.
(n) ..................................................................................... § 1926.962 ....................................................................... Grounding for the protec-
tion of employees.
(o) ..................................................................................... § 1926.963 ....................................................................... Testing and test facilities.
(p) ..................................................................................... § 1926.959 ....................................................................... Mechanical equipment.
(q) ..................................................................................... § 1926.964 ....................................................................... Overhead lines.
(s) ..................................................................................... § 1926.967(k) ................................................................... Communication facilities.
(t) ...................................................................................... § 1926.965 ....................................................................... Underground electrical in-
stallations.
(u) ..................................................................................... § 1926.966 ....................................................................... Substations.
(w) ..................................................................................... § 1926.967 ....................................................................... Special conditions.
(x) ..................................................................................... § 1926.968 ....................................................................... Definitions.
Note: Paragraphs (d), (r), and (v) have no counterparts in Subpart V.
Foot protection for electrical hazards. § 1910.136(a). Existing § 1910.136(a) (a) General requirements. The
OSHA is also proposing to revise reads as follows: employer shall ensure that each affected
employee uses protective footwear personal protective equipment. V. Preliminary Regulatory Impact
when working in areas where there is a Paragraph (f) of § 1910.132 addresses Analysis and Initial Regulatory
danger of foot injuries due to falling or training in the use of personal protective Flexibility Analysis
rolling objects, or objects piercing the equipment. As noted in § 1910.132(g), A. Executive Summary
sole, and where such employee’s feet paragraphs (d) and (f) of existing
are exposed to electrical hazards. § 1910.132 do not apply to electrical Introduction
The Agency is concerned that this protective equipment covered by OSHA is required by the OSH Act to
language is being interpreted to § 1910.137. While training is covered in ensure and demonstrate that standards
recognize the use of electrical hazard other electrical standards (for example, promulgated under the Act are
footwear as a primary form of electrical
in § 1910.268, telecommunications, in technologically and economically
protection. Electrical hazard footwear is
§ 1910.269, electric power generation, feasible. Executive Order 12866, the
constructed to provide insulation of the
transmission, and distribution, and in Regulatory Flexibility Act, and the
wearer’s feet from ground. This can
§ 1910.332, training in electrical safety- Unfunded Mandates Reform Act also
provide a small degree of protection
related work practices), many of the require OSHA to estimate the costs,
from electric shock for the wearer. This
hazard assessment requirements in assess the benefits, and analyze the
protection is limited to voltages of 600
§ 1910.132(d) are not addressed in any impacts of the rules that the Agency
volts or less under dry conditions and
other OSHA electrical standard. OSHA promulgates.
is intended to be a secondary form of
requests comments on whether Accordingly, OSHA has prepared this
electrical insulation.66 Conductive
electrical protective equipment should Preliminary Regulatory Impact Analysis
footwear, which is not electrical hazard
be added to the scope of § 1910.132(d) (PRIA) for OSHA’s proposal to update
footwear, is designed to prevent static
its standards addressing electric power
electricity buildup. This is one method or § 1910.132(f) or both.
generation, transmission, and
of protecting against static electrical
D. Effective Date distribution work, and the use of
discharges that can damage equipment
electrical protective equipment. For
or, in hazardous locations, could When a final rule is promulgated, purposes of this analysis, the terms
possibly lead to fires or explosions. OSHA typically provides a delay in ‘‘proposal’’ and ‘‘proposed standard’’
Interpreting existing § 1910.136(a) so effective date to allow employers to include all elements of this proposed
as to recognize electrical hazard become familiar with the rule and to rulemaking, including proposed
footwear as a primary form of electrical
come into compliance. Some of the changes to 29 CFR 1910.269, proposed
protection could expose employees to
provisions in the proposal would changes to 29 CFR 1926, proposed
electric shock hazards if they believe
require some employers to purchase changes involving electrical protective
that the real primary form of electrical
new equipment. For example, the equipment requirements, and other
protection (for example, rubber
requirements proposed in associated revisions and additions. The
insulating gloves or blankets) is no
§§ 1910.269(l)(11) and 1926.960(g) consolidated set of proposed actions
longer necessary. This is true for several
would require some employers to was analyzed in its entirety; only those
reasons. First, electrical hazard footwear
purchase flame-resistant clothing. parts that were identified as involving
only insulates an employee’s feet from
OSHA requests comments generally on nonnegligible costs are explicitly
ground. The employee can still be
what an appropriate delay in effective reflected in the analysis of compliance
grounded through other parts of his or
date should be and specifically on how costs and impacts.
her body. Second, the insulation
long employers will need to make In some past notices of proposed
provided by electrical hazard footwear
purchases necessary for compliance rulemakings, OSHA has included only
is good only under dry conditions. This
an Executive Summary of the PRIA in
footwear provides little if any protection with the proposed rule.
the preamble to the proposal. For this
once it becomes wet or damp. Lastly, Some of the proposed provisions rulemaking, OSHA is including the
the voltage rating on electrical hazard would require employers to replace entire PRIA in this Federal Register
footwear is only 600 volts. existing noncomplying equipment with
OSHA believes that, because of these notice for the convenience of the public.
equipment that meets the proposal. For
limitations, electrical hazard footwear Need for Regulation
example, proposed § 1926.954(b)(2)(xi)
should not be addressed by § 1910.136,
would require snaphooks used with Employees in work environments
which is designed to provide protection
work positioning equipment to be of the addressed by the proposed standards are
to employees’ feet. The Agency also
locking type. Some employers may still exposed to a variety of significant
believes that the need for conductive
use nonlocking snaphooks with work hazards that can and do cause serious
footwear, whether or not it provides
positioning equipment. OSHA requests injury and death. The risks to
protection for the foot, is adequately
information on the extent to which employees are excessively large due to
addressed by the general requirement in
nonlocking snaphooks are used. The the existence of market failures, and
§ 1910.132(a) to provide personal
Agency also requests information on the existing and alternative methods of
protection equipment. Therefore, OSHA
useful life of such equipment and on alleviating these negative consequences
is proposing to delete language relating
have been shown to be insufficient.
to electrical hazards from § 1910.136(a). whether OSHA should allow sufficient
Paragraph (d) of § 1910.132 addresses After carefully weighing the various
time for noncomplying equipment to be
hazard assessment and selection of potential advantages and disadvantages
replaced as it wears out. Such a delay
of using a regulatory approach to
would minimize the costs incurred by improve upon the current situation,
66 Primary insulation normally insulates an
employers but would expose employees OSHA preliminarily concludes that in
employee directly from an energized part. Rubber
insulating gloves and rubber insulating blankets are to hazards for a longer period. this case the proposed mandatory
examples of primary electrical protection. standards represent the best choice for
Secondary insulation normally insulates an
employee’s feet from a grounded surface. Electrical
reducing the risks to employees. In
hazard footwear and rubber insulating matting are addition, rulemaking is necessary in this
examples of secondary electrical protection. case in order to replace older existing
standards with updated, clear, and proposed rulemaking, are expected to prevented fatality, results in an
consistent safety standards. result in an increased degree of safety estimated monetized benefit of about
for the affected employees. These $135 million annually.
Affected Establishments
changes are expected to reduce the The net monetized benefits of the
The proposal affects establishments in numbers of accidents, fatalities, and proposed standard are estimated to be
a variety of different industries injuries associated with the relevant about $101.1 million annually ($135
involving electric power generation, tasks, as well as reducing the severity of million in benefits and $33.9 million in
transmission, and distribution. The certain injuries, such as burns or costs). Note that these net benefits
proposed standards primarily affect injuries that could be sustained as a exclude any unquantified benefits
firms that construct, operate, maintain, result of an arrested fall, that may still associated with revising the standards to
or repair electric power generation, occur while performing some of the provide updated, clear, and consistent
transmission, or distribution systems. affected procedures. regulatory requirements to the public.
These firms include electric utilities as An estimated 74 fatalities and 444
well as contractors who are hired by injuries occur annually among Additional benefits associated with
utilities and who are primarily employees involved in electric power this rulemaking involve providing
classified in the construction industry. generation, transmission, and updated, clear, and consistent safety
In addition, potentially affected firms distribution work addressed by the standards regarding electric power
are found in a variety of manufacturing provisions of this rulemaking. Based on generation, transmission, and
and other industries which own or a review and analysis of the incident distribution work to the relevant
operate their own electric power reports associated with the reported employers, employees, and interested
generation, transmission, or distribution injuries and fatalities, full compliance members of the public. OSHA believes
systems as a secondary part of their with the proposed standards would that the updated standards enhance
business operations. The proposal also prevent 79.0 percent of the relevant worker safety and are easier to
potentially affects establishments injuries and fatalities, compared with understand and to apply. They will
performing line-clearance tree-trimming 52.9 percent prevented with full benefit employers and employees by
operations. compliance with the existing standards. facilitating compliance while improving
Thus, the increase in safety that would safety. The benefits associated with
Benefits, Net Benefits, and Cost be provided by the proposed standards providing updated, clear, and consistent
Effectiveness is represented by the prevention of an safety standards have not been
The proposed revisions to the OSHA additional 19 fatalities and 116 injuries monetized or quantified.
standards addressing electric power annually. Applying an average monetary Table V–1 summarizes the costs,
generation, transmission, and value of $50,000 per prevented injury, benefits, net benefits, and cost
distribution work, as comprised by the and a value of $6.8 million per effectiveness of the proposed standard.
TABLE V–1.—NET BENEFITS AND COST EFFECTIVENESS

Annualized Costs:
Determination of Appropriate Protective Clothing ................................................................................................... $11.0 million.
Provision of Appropriate Protective Clothing .......................................................................................................... $8.4 million.
Host/Contractor Communications ............................................................................................................................ $7.8 million.
Expanded Job Briefings .......................................................................................................................................... $5.1 million.
Additional Training ................................................................................................................................................... $1.2 million.
Other Costs ............................................................................................................................................................. $0.4 million.
Total Annual Costs ........................................................................................................................................... $33.9 million.
Annual Benefits:
Number of Injuries Prevented ................................................................................................................................. 116.
Number of Fatalities Prevented ............................................................................................................................... 19.
Monetized Benefits (Assuming $50,000 per Injury and $6.8 million per Fatality Prevented) ................................ 135 million.
OSHA standards that are updated and consistent ................................................................................................. Unquantified.
Total Annual Benefits ....................................................................................................................................... 116 injuries and 19 fatali-
ties prevented.
Net Benefits (Benefits Minus Costs): compliance with the new requirements event that employees may be exposed to
$101 million annually. imposed by the rulemaking; nor do they an electric arc.
include costs associated with achieving Other provisions of the proposed
Cost Effectiveness
full compliance with existing applicable standards involving compliance costs
Compliance with the proposed requirements. The total annualized cost include requirements for more
standards would result in the of compliance with the proposed protective clothing ($8.4 million),
prevention of 1 fatality and 6 injuries rulemaking is estimated to be about requirements for various
per $1.8 million in costs, or, $33.9 million. communications between host
alternatively, $4.00 of benefits per dollar employers and contractors ($7.8
of cost. The largest component of the million), expanded requirements for
compliance costs, at $11.0 million conducting job briefings ($5.1 million),
Compliance Costs annually, is comprised of the costs and revised training requirements ($1.2
The estimated costs of compliance for necessary to comply with the million).
this rulemaking represent the additional requirement for the employer to make a
costs necessary for employers to achieve determination regarding the type and Economic Impacts
full compliance. They do not include extent of flame-resistant apparel To assess the nature and magnitude of
costs associated with current necessary to protect employees in the the economic impacts associated with
compliance with the proposed of the impact of the proposed rule on standards for the construction of electric
rulemaking, OSHA developed small entities; (2) a description of the power transmission and distribution
quantitative estimates of the potential reasons why action by the agency is systems are over 30 years old and
economic impact of the requirements on being considered; (3) a succinct inconsistent with the more recently
entities in each of the affected industry statement of the objectives of, and legal promulgated OSHA standards
sectors. The estimated costs of basis for, the proposed rule; (4) a addressing repair and maintenance
compliance were compared with description of and, where feasible, an work.
industry revenues and profits to provide estimate of the number of small entities OSHA has different standards
an assessment of potential economic to which the proposed rule will apply; covering construction work on electric
impacts. (5) a description of the projected power transmission and distribution
The costs of compliance with the reporting, recordkeeping and other systems and general industry work on
proposed rulemaking are not large in compliance requirements of the the same systems. In most instances, the
relation to the corresponding annual proposed rule; (6) an identification, to work practices used by employees to
financial flows associated with the the extent practicable, of all relevant perform construction or general
regulated activities. The estimated costs Federal rules which may duplicate, industry work on these systems are the
of compliance represent about 0.01 overlap or conflict with the proposed same. The application of OSHA’s
percent of revenues and 0.14 percent of rule; and (7) a description and construction or general industry
profits on average across all entities; discussion of any significant standards to a particular job depends
compliance costs do not represent more alternatives to the proposed rule which upon whether the employer is altering
than 0.24 percent of revenues or more accomplish the stated objectives of the system (construction work) or
than 4.03 percent of profits in any applicable statutes and which minimize maintaining the system (general
affected industry. any significant economic impact of the industry work). For example, employers
The economic impact of the proposed proposed rule on small entities. changing a cutout (disconnect switch)
rulemaking is most likely to consist of OSHA has analyzed the potential on a transmission and distribution
a small increase in prices for electricity, impact of the proposed rule on small system would be performing
of about 0.01 percent on average. It is entities. As a result of this analysis, construction work if they were
unlikely that a price increase on the OSHA preliminarily concludes that the upgrading the cutout, but general
magnitude of 0.01 percent will compliance costs are equivalent to over industry work if they were simply
significantly alter the services 5 percent of profits for some groups of replacing the cutout with the same
demanded by the public or any other affected small entities (as identified model.
affected customers or intermediaries. If later in this analysis). Therefore, OSHA Since the work practices used by the
the compliance costs of the proposed has prepared an Initial Regulatory employees would most likely be
rulemaking can be substantially Flexibility Analysis in conjunction with identical, the applicable OSHA
recouped with such a minimal increase this rulemaking to describe the potential standards should be identical. OSHA’s
in prices, there may be little effect on effects on small entities and to enable existing requirements are not, however.
profits. the Agency and the public to fully Conceivably, for work involving two or
In general, for most establishments, it consider alternatives to the proposal. more cutouts, different and conflicting
would be very unlikely that none of the OSHA standards might apply. The
B. Need for Rule
compliance costs could be passed along inconsistencies between the two
in the form of increased prices. In the Employees performing work involving
standards create difficulties for
event that unusual circumstances may electric power generation, transmission,
employers attempting to develop
inhibit even a price increase of 0.01 and distribution are exposed to a variety
appropriate work practices for their
percent to be realized, profits in any of of significant hazards, such as fall,
employees. For this reason, employers
the affected industries would be electric shock, and burn hazards, that
and employees have told OSHA that it
reduced by a maximum of about 4 can and do cause serious injury and
should make the two standards
percent. death. As detailed below, OSHA
identical. This proposal does so.
OSHA concludes that compliance estimates that, on average, 444 serious
OSHA has preliminarily determined
with the requirements of the proposed injuries and 74 fatalities occur annually
that the proposal is needed to reduce
rulemaking is economically feasible in among these workers.
Although some of these incidents may the number of fatalities and injuries
every affected industry sector. occurring among workers involved in
In addition, based on an analysis of have been prevented with better
compliance with existing safety electric power generation, transmission,
the costs and economic impacts and distribution and to make the
associated with this rulemaking, OSHA standards, research and analyses
conducted by OSHA have found that relevant standards clear and consistent.
preliminarily concludes that the effects Before reaching this preliminary
of the proposed standards on many preventable injuries and fatalities
would continue to occur even if full conclusion, many alternatives were
international trade, employment, wages, considered, including regulatory
and economic growth for the United compliance with the existing standards
were achieved. Relative to full alternatives and alternative approaches
States would be negligible. that would not involve the
compliance with the existing standards,
Initial Regulatory Flexibility Analysis an estimated additional 116 injuries and promulgation of revised standards.
The Regulatory Flexibility Act, as 19 fatalities would be prevented through C. Examination of Alternative
amended in 1996 by the Small Business full compliance with the proposed Approaches
Regulatory Enforcement Fairness Act, standards.
requires the preparation of an Initial Additional benefits associated with Alternative Regulatory Approaches
Regulatory Flexibility Analysis for this rulemaking involve providing To determine the appropriate
certain proposed rules promulgated by updated, clear, and consistent safety regulatory requirements to address
agencies (5 U.S.C. 601–612). Under the standards regarding electric power occupational risks for employees
provisions of the law, each such generation, transmission, and working on electric power generation,
analysis shall contain: (1) A description distribution work. The existing OSHA transmission, and distribution systems,
OSHA considered many different factors Section 1. Statement of Regulatory a job (other things being equal), and
and potential alternatives. The Agency Philosophy and Principles. employers would have an incentive to
examined the incidence of injuries and (a) The Regulatory Philosophy. Federal make investments to reduce
fatalities and their direct and underlying Agencies should promulgate only such occupational health and safety risks to
regulations as are required by law, are the extent workers would demand
causes to ascertain where existing necessary to interpret the law, or made
standards needed to be strengthened. compensation for being exposed to such
necessary by compelling public need, such as
These standards were reviewed, current material failures of private markets to protect risks. In other words, because employers
practices in the industry were assessed, or improve the health and safety of the would have to pay their workers a
information and comments from experts public, the environment, or the well-being of premium to induce them to work in a
were collected, and the available data the American people. In deciding whether risky environment, employers would be
and how to regulate, agencies should assess willing to pay to make that environment
and research were scrutinized. all costs and benefits of available regulatory less risky by introducing technologies
OSHA faces several constraints in alternatives, including the alternative of not and practices that lower risks to
determining which regulatory regulating.
workers.
requirements should apply. As required The discussion below considers In addition, a perfectly competitive
under Section 3(8) of the OSH Act, the several nonregulatory alternatives to market will theoretically lead to the
requirements of an OSHA standard must OSHA’s proposed rulemaking: Private efficient allocation of resources only if
be ‘‘reasonably necessary or appropriate market incentives, information all of the costs and benefits (pecuniary
to provide safe or healthful employment dissemination programs, tort liability and nonpecuniary) associated with the
and places of employment.’’ Also, as options, and workers’ compensation behavior of market participants and
required under Section 6(b)(8) of the programs. with market transactions are fully borne
OSH Act, the requirements of an OSHA Private Market Incentives. Economic by those directly involved. In economic
standard may only differ substantially theory suggests that the need for terms, this implies that there will not be
government regulations would be any negative externalities associated
from existing national consensus
greatly reduced if private markets with economic activities.
standards to the extent that the OSHA
worked efficiently and effectively to If all of the costs associated with
standard will better effectuate the provide health and safety protections for
purposes of the OSH Act than the occupational safety and health risks
employees. At issue is whether the would in fact be internalized, then
corresponding national consensus private market will be able to produce
standards. OSHA standards must also be market decisions about occupational
a level of safety and health for
technologically and economically safety and health conditions made by
employees that will be equal to or
feasible, as noted earlier, and be cost- employers and workers would be based
greater than that potentially afforded by
effective. on a consideration of the full social
the proposed OSHA standards. In
costs of their economic actions.
A full discussion of the basis for the particular, OSHA examined whether the
However, if some of the effects of these
particular regulatory requirements level of risk of experiencing an injury
actions are externalized (that is, some
chosen is provided in Section IV, caused by workplace hazards that
costs are not borne by employers and
Summary and Explanation of Proposed would be provided by an unregulated
employees but by other parties who are
Rule, earlier in this preamble. The market would be at least as protective of
employee safety as the proposed electric external to the transaction), then those
regulatory alternatives considered by costs will not be adequately
OSHA are discussed in the Initial power rulemaking.
Theoretically, unregulated markets incorporated into the decisions of
Regulatory Flexibility Analysis later in managers and workers. The resultant
are capable of achieving an efficient
this section of the preamble. market allocation of resources can then
allocation of resources if certain
Alternative Nonregulatory Approaches assumptions are satisfied. Necessary be expected to be less efficient.
assumptions include elements such as Costs and other impacts that are
Introduction. The stated purpose of perfect and free information, perfect and imposed on society and are not borne
the OSH Act is to ‘‘assure so far as costless mobility of labor and other directly by the economic participants
possible every working man and woman factors of production, and an absence of involved in an activity or transaction are
in the Nation safe and healthful working any externalities. referred to as externalities. The
conditions and to preserve our human A major conclusion of the ‘‘perfect existence of such externalities is one
resources.’’ This congressional mandate competition model’’ of economic theory reason why an unregulated private
provides the basis for OSHA’s proposed is that, in the presence of full market often fails to produce an efficient
rulemaking on electric power information about market choices and allocation of resources. The presence of
generation, transmission, and outcomes and with complete mobility of these externalities also implies that
distribution, which is designed to the factors of production, the private economic efficiency can potentially be
mitigate the occupational hazards market would produce an efficient improved with regulatory interventions.
associated with work on electric power allocation of resources. In a theoretically perfect market
systems. In the presence of perfect and without externalities, firms would
complete information regarding decide how much to spend on reducing
Before issuing a standard, OSHA must occupational risks, labor markets would safety and health risks based on the full
assess whether there are other, reflect the presence of different degrees costs associated with the presence of
nonregulatory approaches available that of risk across different industries, firms, such risks. The costs include pain and
may provide an equal or higher level of and occupations. In such a market, wage suffering, impacts on the quality of the
benefits. Executive Order 12866 directs premiums would be paid to compensate lives of families, and effects on society
regulatory agencies to assess whether an workers engaged in hazardous as a whole. Workers would decide
unregulated private market can achieve occupations for the added risk they whether they were willing to work in a
the same level of social benefits as that confront on the job. particular job based on the relative
expected to result from Federal In this theoretical framework, wages riskiness of the job and the extent to
regulation: would vary directly with the riskiness of which they believe the wages offered to
them provide adequate compensation and magnitude of occupational risk and seniority rights, and the risk of
for these risks. factors. Many workers are not likely to prolonged periods of unemployment.
Research conducted by OSHA and be fully aware of the extent and nature Often, differences in occupational risk
information from several other sources of occupational risks associated with between two firms must be very marked
show that many firms have responded various different jobs and different before a worker will change jobs on that
to the risks posed to workers by electric employers at different points in time. basis. Therefore, wage rates determined
power systems. Employers have Even if workers have adequate by a market in which the protection of
increasingly recognized the costs information regarding the risks of occupational safety and health is
associated with these risks and have occupational injuries, they may be unregulated are unlikely to fully
implemented measures to reduce the unable to adequately incorporate this compensate workers for occupational
occupational risks faced by their information into their decisions about health and safety risks, including those
employees. choosing a job or staying on the job. related to the risks of concern here.
In fact, many risk control programs Other factors and circumstances may Information Dissemination Programs.
already implemented by employers go affect employment choices, and OSHA and other organizations currently
beyond the provisions required by the decisions cannot be changed easily. produce and disseminate a considerable
existing OSHA standards or by the There are also significant costs amount of information regarding the
proposed OSHA standards. The fact that associated with job searches and risks associated with work involving
employers are implementing these changing jobs. electric power generation, transmission,
programs demonstrates that economic Assessing occupational risks for the and distribution and the methods that
incentives do exist at least to some purpose of determining the acceptability can be used to reduce these risks. The
degree to motivate employers in the of wages offered is made even more dissemination of such information
direction of reducing the risks difficult when differences in risk would continue in conjunction with the
associated with occupational exposures between two firms are significant but promulgation of the proposed standards;
to the hazards of electric power work. cannot be readily observed or predicted alternatively, in lieu of issuing
However, OSHA notes that many over the pertinent time periods. If mandatory standards, OSHA could rely
other employers continue to fall short of differences in occupational risk between on current or expanded information
their obligations to provide even various establishments are not fully dissemination programs to generate the
minimum safety protections for their incorporated into the employment incentives necessary to produce further
employees. Such circumstances persist decisions of workers, the wage reductions in injuries and fatalities.
despite ongoing attempts by OSHA and premiums paid for risky jobs will not Better informed workers can more
other groups to provide information and accurately reflect the relative accurately assess the occupational risks
assistance to employers to increase occupational risks associated with associated with different jobs, thereby
awareness and reduce the risks involved specific jobs in different firms. Thus, facilitating those market interactions
with work involving electric power firms will have little incentive to that result in wage premiums for
systems. individually reduce risk beyond levels relatively risky occupations.
The benefits section of this present in other firms. There are several reasons, however,
preliminary analysis shows that In addition, many employers may why reliance on information
preventable injuries and fatalities simply be unaware of the direct and dissemination programs will not yield
continue to occur every year. The indirect costs associated with the level of social benefits achievable
evidence indicates that market forces occupational risks. Some employers through compliance with the proposed
cannot alone curb occupational risks may regard these costs as beyond their electric power rules. First, there are no
adequately. control or as part of general overhead reliable incentives or mechanisms that
Among employees engaged in work costs. Employers may also not be fully would ensure that appropriate and
involving electric power generation, aware of the availability of cost-effective sufficiently detailed information could
transmission, and distribution systems, ways of ameliorating or eliminating be produced, or that such information
there does not appear to be any risk these risks and reducing the would actually be distributed among
premium reflected in wage rates that corresponding costs. and relied upon by workers.
would differentiate between employers A significant problem that prevents Furthermore, hazards associated with
based on the extent of risks faced by risk premiums in an unregulated market work on electric power systems are
employees. In fact, as presented in from achieving the theoretical results highly specific to individual tasks and
Section IV, Summary and Explanation that may potentially reduce work environments. The development
of Proposed Rule, earlier in this occupational risks involves of accurate knowledge about these
preamble, there is some evidence that in imperfections in the operation of labor occupational risks would require each
these industries, wages for workers in markets. Changing jobs can be costly, employer to make available specific
similar jobs performing similar types of and in some circumstances the costs information about the risks present in
work are negatively correlated with the may preclude a decision to change jobs his or her projects expected to be
degree of risk involved: Employees of solely on the basis of the occupational undertaken in the future. The lack of
utilities tend to earn more than their health risks involved. Factors that may adequate incentives or mechanisms and
counterparts working for contractors, make job changes particularly costly the potentially large costs associated
and yet the fatality and injury rate is include nontransferability of with the collection and reporting of the
higher among employees of the occupational skills or seniority within a necessary information makes effective
contractors. company, the difficulty of acquiring information dissemination difficult to
There are a variety of reasons why sufficient human capital to seek implement in practice.
workers may not be paid the risk alternative employment opportunities, In addition, even if workers are better
premiums that would theoretically be the costs and uncertainty associated informed about workplace risks and
necessary to ensure that markets with relocating to take advantage of hazards, other factors, such as barriers
provide efficient levels of expenditures better employment opportunities, the to labor mobility, that contribute to
on safety and health. Workers have existence of institutional factors such as market failure would still remain.
imperfect knowledge about the nature the nontransferability of pension plans Finally, as argued above, workers may
not be able to evaluate information system could thus shift the liability for that more of the costs of occupational
about long-term risks accurately when the direct costs of occupational injury injuries and illnesses are incorporated
making employment decisions. Better from the worker to the employer, at least into decisions of employers even if
information, therefore, will not ensure under certain specific circumstances. employees do not have full information
that the market will produce wage risk With limited exceptions, however, the regarding their risks or are unable to
premiums in a manner that is consistent tort system has not been a viable receive full wage compensation for such
with an efficient allocation of resources. alternative to regulation in dealings risks. Originally designed to force more
Currently, in addition to the between employees and employers, for of the social costs of occupational
applicable OSHA standards, there are a number of reasons. All States have injuries and illnesses to be internalized,
consensus standards, voluntary legislation making workers’ the workers’ compensation program has
guidelines, and other information compensation either the exclusive or in practice fallen short of fully
sources for preventing injuries and principal legal remedy available to achieving this goal and does not fully
fatalities while working on electric employees. Generally, tort law can be compensate workers for occupationally
power generation, transmission, and applied only to third-party producers or related injuries and illnesses.
distribution systems. Although many suppliers of hazardous products or Compensation tends to be especially
employers have adopted many of the equipment, for example, asbestos inadequate in permanent disability
practices and procedures recommended products. It is often difficult, however, cases, in part because of time limits on
by these sources, many other employers to demonstrate that workplace injuries benefit entitlements and in part because
have been less successful in the have been caused by defective or of the failure of the system to adjust
widespread implementation of all of the negligently designed products or benefits for changes in a worker’s
recommendations of these voluntary equipment. expected earnings over time. Several
guidelines. The Costs of Compliance Moreover, legal proceedings generally States restrict permanent, partial, and
section of this preliminary analysis fail to fully internalize costs because of total disability benefits either by
provides further information regarding the substantial legal fees and specifying a maximum number of weeks
current compliance with specific uncertainties associated with bringing for which benefits can be paid, or by
elements in sectors covered by the court actions. In deciding whether or imposing a ceiling on dollar benefits.
proposal. not to sue, the victim must be sure that Both temporary and permanent
Thus, the experience and observations the potential award will exceed both the disability payments are commonly
regarding electric power generation, expense and hardship of bringing the limited by imposing a ceiling on the
transmission, and distribution work lawsuit. Legal expenses commonly income per week that can be paid. In
show that, while improved access to include a contingency fee for the addition, under workers’ compensation,
information about occupational risks plaintiff’s lawyer, plus court fees and no award is made for pain and suffering.
can provide for more rational decision- the costs of accumulating evidence and The extent to which income is
making in the private market, voluntary witnesses. The accused firm must also replaced by each type of indemnity
information programs will not produce pay for its defense. payment (that is, temporary or
an adequately low level of occupational In sum, the use of legal action as an permanent partial) differs. First,
risk. alternative to regulation is limited although rules vary by State, temporary
Tort Liability Options. Employees because of the expense, delays, and disability income is designed in most
currently are generally restricted from uncertainties involved, and because states to replace two-thirds of the
using tort law to force employers to pay under current State laws, workers’ worker’s before-tax income. However,
for costs and damages associated with compensation will normally be an most States place a maximum and a
fatalities and injuries that occur on the exclusive remedy that will prevent a minimum on the amount of money paid
job. Greater worker use of tort law in worker from filing a suit at all. The tort out to the worker, regardless of his or
seeking redress from injuries associated system, therefore, does not serve her actual former income.
with occupational risks involving work adequately to protect workers from The Worker Compensation Research
on electric power generation, exposure to risks in the workplace. Institute (WCRI) has studied the extent
transmission, and distribution is Workers’ Compensation Programs. to which workers’ compensation
another example of a possible The existing workers’ compensation replaces after-tax income in 19 states.
nonregulatory alternative to the programs serve to partially address the These studies show that temporary total
proposed rule. If employees were able to market failures that result in insufficient disability payments replace between 80
effectively sue their employers for reductions in occupational risks. An and 100 percent of the after-tax income
damages caused by work-related alternative to a mandatory standard of the majority of workers in all of the
hazards, and if other conditions would be a continued reliance on these States examined [5].67 From 3 to 44
regarding the cost and availability of and other existing programs (including percent of workers receive less than 80
information, knowledge and mobility of possible modifications or enhancements percent of their after-tax income, and
workers, and externalities are satisfied, to these programs) to address from 0 to 16 percent receive more than
then the need for an OSHA standard occupational risk. The workers’ 100 percent of their previous after-tax
would potentially be reduced or compensation system was implemented income (as a result of the ‘‘floor’’ on
eliminated. in part as a result of the perceived payments). In 15 of the 19 States
A tort may be described, in part, as a failure of the unregulated market to examined, more workers receive less
civil wrong (other than breach of compel employers to sufficiently reduce than 80 percent of their former after-tax
contract) for which the courts provide a occupational health and safety risks and income than receive more than 100
remedy in the form of an action for to compensate employees for bearing percent of their former income. WCRI
damages. The application of the tort those risks. The system seeks to shift does not provide estimates of the
system to occupationally related injuries some of the burden of the costs average replacement rates for all
and illnesses would mean that a worker associated with occupational injuries workers in a State. However, based on
whose disability resulted from exposure and illnesses from workers to
to a work place risk would sue the employers. By so doing, workers’ 67 References appear at the end of this section of
employer to recover damages. The tort compensation requirements can ensure the preamble.
these data, it seems reasonable to of an incentive to reduce premiums by In summary, the workers’
assume that, on average, workers receive contesting claims than by initiating compensation system suffers from
no more than 90 percent of their after- safety and health measures. several defects that seriously reduce its
tax income while on temporary For employers who rely on workers’ effectiveness in providing incentives for
disability. compensation insurance, the payment of firms to create safe and healthful
In addition to not fully replacing after premiums represents the employer’s workplaces. First, because the
tax income, workers’ compensation major cost for the occurrence of scheduled benefits are often
payments, which are not taxable, occupational injuries and illnesses. significantly less than the actual losses
provide no replacement for tax losses to However, the mechanism for experienced by injured or ill workers
the Federal, State or local government as determining an employer’s workers’ and the social losses experienced by tax
a result of an illness. This loss is compensation premium frequently fails payers, the existence of workers’
properly considered part of the social to reflect the real costs associated with compensation programs limits an
losses associated with an illness or a particular employer’s record. As a employer’s liability to levels
injury. Typically taxes, including State result, efforts made by an employer to significantly below the actual costs of
and Federal income taxes and employee reduce the incidence of occupational the injury or illness. Second, premiums
and employer contribution to social injuries and illnesses are not necessarily for individual firms are often unrelated
security taxes will be approximately 30 reflected in reduced workers’ or only loosely related to that firm’s risk
percent of income. The taxes not paid compensation premiums. Similarly, environment. The firm, therefore, does
when an individual is unable to work firms that devote fewer resources to not receive the proper economic
thus add an additional 30 percent of promoting worker safety and health incentives and consequently fails to
worker income as losses associated with often may not incur commensurately invest sufficient resources in reducing
injuries and illnesses not covered by higher workers’ compensation costs. workplace injuries and illnesses. The
workers’ compensation. Consequently, the program does not economic costs not borne by the
In summary, workers’ compensation provide direct incentives for most employer are imposed on the employee
often covers less than 65 percent of the employers to reduce the occupational directly or on society through social
financial losses associated with the health and safety risks in their welfare programs.
costs of injuries, and does not cover any workplaces. Summary. OSHA has determined that
portion of losses due to pain and Finally, workers’ compensation is an certain workers are exposed to
suffering. Thus, even if the financial insurance mechanism through which occupational risks associated with work
costs were fully internalized by participants spread and share the risk of on electric power generation,
employers, workers’ compensation injury and illness claims, and the costs transmission, and distribution systems.
would be insufficient to assure adequate associated with occupational injuries The private market has not been
economic incentives to address work- and illnesses are often spread effective in sufficiently reducing this
related injuries and illnesses. throughout the economy through risk level of risk due to a lack of complete
For workers’ compensation to be able sharing stemming from participation in information about safety risks in
to internalize costs of work-related health insurance programs. For specific work environments, limits on
injuries and illnesses, it would be example, some direct costs may not be worker mobility, and other factors that
necessary for the costs an employer pays incurred or attributed to employers contribute to the failure of markets to
for workers’ compensation to be directly because many workers go to their provide an efficient allocation of
related to the employer’s risk of causing private physician rather than the resources. Options for improving the
work-related injuries or illnesses. company’s physician for work-related operations of markets include
Most workers’ compensation injuries and illnesses, even though there information dissemination programs,
programs nominally include the are systemic mechanisms in place to tort liability options, and workers’
employer’s injury experience as a factor ensure that work-related injuries are compensation programs. After
in determining the level of the treated through the workers’ considering each of these options,
employer’s insurance premiums. compensation system. The social OSHA has concluded that none of them
However, the majority of firms are not burden of adverse health effects is also will provide the level of benefits
rated individually for their safety and shared by taxpayer-supported programs achievable by the proposed electric
health record; that is, they are not such as welfare, social security power systems rules.
‘‘experience rated.’’ For example, small disability and death benefits, and
firms often are ineligible for experience Medicare. Employers have, therefore, D. Profile of Affected Industries
rating because of the high year-to-year less incentive to avoid such losses than The proposal affects establishments in
variance in their claim rates. Such firms they would if they were directly liable a variety of different industries
are class rated, and rate reductions are for all such claims. This transfer of risk involving electric power generation,
granted only if the experience of the is another reason why the market does transmission, and distribution. The
entire class improves. Segregation of not fully internalize the social costs of proposal primarily affects firms that
loss experience into classes is somewhat occupationally related injuries and construct, operate, maintain, or repair
arbitrary, and an individual firm may be illnesses. electric power generation, transmission,
classified with other firms that have The workers’ compensation system or distribution systems. These firms
substantially different accident rates. does provide economic incentives for include electric utilities as well as
Even when firms have an experience larger firms, especially those that self- contractors who are hired by utilities
rating, the premiums paid may not insure for workers’ compensation, and who are primarily classified in the
accurately reflect their true degree of because these firms internalize a greater construction industry. In addition,
risk. In addition, a firm’s experience portion of the true costs of the work- potentially affected firms are found in a
rating is generally based on the benefits related injuries and illnesses incurred variety of manufacturing and other
paid to ill or injured workers, not on the by their workers. Thus, larger firms can industries that own or operate their own
firm’s safety and health record or on the generally be expected to have done electric power generation, transmission,
actual risks faced by employees. Thus, more to reduce the costs associated with or distribution systems as a secondary
in some cases employers may have more occupational risks than smaller firms. part of their business operations. The
proposal also potentially affects Table V–2 presents data on the 20,765 establishments and 227,683
establishments performing line- numbers of establishments and numbers employees may be affected by the
clearance tree-trimming operations. of employees for each affected industry. proposed standards.
Across all industries, an estimated
TABLE V–2.—PROFILE OF POTENTIALLY AFFECTED ESTABLISHMENTS AND EMPLOYEES
Potentially af-
Potentially affected full-time
Industry code Industry name fected establish- equivalent (FTE)
ments employees
NAICS 234910 ........ Water, sewer, and pipeline construction ............................................................... 847 951
NAICS 234920 ........ Power and communication transmission line construction .................................... 2829 26179
NAICS 234930 ........ Industrial nonbuilding structure construction ......................................................... 266 1391
NAICS 234990 ........ All other heavy construction .................................................................................. 656 5573
NAICS 235310 ........ Electrical contractors .............................................................................................. 1613 16342
NAICS 235910 ........ Structural steel erection contractors ...................................................................... 652 300
NAICS 235950 ........ Building equipment and other machine installation contractors ............................ 952 281
NAICS 235990 ........ All other special trade contractors ......................................................................... 2612 734
NAICS 221110 ........ Electric power generation ...................................................................................... 1745 43103
NAICS 221120 ........ Electric power transmission, control, and distribution ........................................... 6190 71441
NAICS 2211 ............ Publicly owned utilities ........................................................................................... 923 9864
Various .................... Industrial power generators ................................................................................... 933 16504
SIC 0783 ................. Ornamental shrub and tree services ..................................................................... 547 35020
Total ................. ................................................................................................................................ 20765 227683

Source: CONSAD [2], Appendix C, pages 1–2.
As shown in Table V–2, the health programs; these States are Ornamental Shrub and Tree Services
construction industries with the largest obligated, under formal agreements with industry. OSHA estimates that over 500
numbers of affected employees are OSHA, to impose OSHA-equivalent establishments and over 35,000
Power and Communication State regulatory requirements on public employees in this industry are
Transmission Line Construction and employees within their jurisdiction.) potentially affected by the provisions in
Electrical Contractors, which together The number of potentially affected the proposal involving requirements
account for over 42,000 employees of public entities and the corresponding associated with providing fall protection
the affected work force. Other number of employees are shown while working in aerial lifts.
potentially affected construction separately in Table V–2. Over 900
E. Benefits, Net Benefits, and Cost
industries include Water, Sewer, and establishments and over 9,000
Pipeline Construction, Industrial employees are part of publicly-owned Effectiveness
Nonbuilding Structure Construction, All utilities potentially affected by the The proposed revisions to the OSHA
Other Heavy Construction, Structural proposed standards. standards addressing electric power
Steel Erection Contractors, Building Table V–2 further shows the numbers generation, transmission, and
Equipment and Other Machine of potentially affected establishments distribution work are expected to result
Installation Contractors, and All Other and employees that are part of firms in in an increased degree of safety for the
Special Trade Contractors. a variety of manufacturing and other affected employees. These changes are
Table V–2 also shows that firms industries who own or operate their expected to reduce the numbers of
classified as utilities account for over own electric power generation, accidents, fatalities, and injuries
8,000 of the potentially affected transmission, or distribution systems as associated with the relevant tasks, as
establishments, and for over 120,000 of a secondary part of their business well as reducing the severity of certain
the potentially affected employees. operations. Over 900 establishments and injuries, such as burns or injuries that
Utilities include establishments 16,000 employees potentially affected could be sustained as a result of an
classified in the Electric Power by the proposed standards are arrested fall, that may still occur while
Generation industry and in the Electric accounted for by these firms. Based on performing some of the affected
Power Transmission, Control, and their primary business activity, these procedures.
Distribution industry. establishments are classified as part of To develop estimates of the potential
The U.S. Department of Commerce the following industry sectors: Oil and benefits associated with this proposal,
Census data on the numbers of utilities Gas Extraction; Mining; Water, Sewer, CONSAD Corp., under contract to
and the numbers of workers employed and Other Systems; Food OSHA, researched and reviewed
by utilities do not include utilities that Manufacturing; Wood Product potential sources of useful data.
are owned by public sector entities. Manufacturing; Paper Manufacturing; CONSAD, in consultation with the
Thus, data for utilities owned by the Petroleum and Coal Products Agency, determined that the most
public sector are shown separately in Manufacturing; Chemical reliable data sources for this purpose
Table V–2. Manufacturing; Primary Metal included OSHA’s Integrated
Potentially affected utilities include Manufacturing; Wholesale Trade, Management Information System (IMIS),
publicly-owned utilities that operate in Durable Goods; Educational Services; and the Census of Fatal Occupational
OSHA State-plan States. (State-plan and Hospitals. Injuries developed by the Bureau of
States, representing about half of total Finally, Table V–2 presents figures for Labor Statistics (BLS).
U.S. employment, are States that operate the numbers of potentially affected From these sources, CONSAD
their own occupational safety and establishments and employees in the identified and analyzed injuries and
fatalities that would be addressed by injuries occurring annually. It should be million per statistical life, as discussed
this proposal. This analysis was based noted that even this figure excludes in OMB Circular A–4.
on over 9 years of data contained in injuries that for various reasons may not In estimating the value of preventing
these databases. CONSAD identified be reported to or included in the IMIS an injury, OSHA reviewed the available
relevant cases in the databases by database, such as single injuries that research literature. A critical review of
determining the criteria provided in the result in no hospitalizations. OSHA 39 different studies estimating the value
databases that would apply to such requests any information and comments of a statistical injury is provided by Kip
cases, such as the nature of the injury, from the public that may help improve Viscusi and Joseph Aldy in their 2003
the occupation of the employee, the the accuracy of this estimate. study [7]. Viscusi and Aldy found that
source of the injury, and the industry Thus, OSHA estimates that 74 most studies have estimates in the range
classification of the employer. CONSAD fatalities and 444 injuries occur of $20,000 to $70,000 per injury, and
then reviewed individual accident annually among employees involved in several studies have even higher values.
abstracts to make a final determination electric power generation, transmission, The range of values is partly explained
whether to include the accident as one and distribution work addressed by the by the measure of nonfatal job risks
addressed by the proposed standards. A provisions of this rulemaking. used: some studies use an overall injury
description of the methodological rate, and other studies use only injuries
approach used for analyzing these data Based on a review and analysis of the resulting in lost workdays. The injuries
is included in the final report submitted incident reports associated with the that would be prevented by this
to OSHA by CONSAD Corporation [1]. reported injuries and fatalities, OSHA proposed electric power standard are
CONSAD’s analysis found that an estimates that full compliance with the hospitalized injuries, which are likely to
average of 74 fatalities and 25 injuries existing standards would have be more severe, on average, than lost
involving circumstances directly prevented about 53 percent of the workday injuries. In addition, the
addressed by the existing or proposed injuries and fatalities. In comparison, proposed standard is expected to reduce
standards are recorded annually in the full compliance with the proposed the incidence of burn injuries, which
relevant databases. These figures standards would have prevented 79.0 tend to be more severe injuries,
represent minimums since they are percent of the relevant injuries and involving more pain and suffering, more
associated with documented cases. fatalities. Thus, the increase in safety expensive treatments, and generally
The actual number of fatalities that would be provided by the proposed longer recovery periods than lost
addressed by this rulemaking may be standards is represented by the workday injuries. Thus, for this
somewhat higher, but OSHA does not prevention of an additional 19 fatalities rulemaking, an estimated value of a
currently have a basis for estimating and 116 injuries annually. statistical injury in the upper part of the
how many pertinent fatalities may have Applying an average monetary value reported range of estimates would be
occurred that would not be represented of $50,000 per prevented injury and a supported. In their paper, Viscusi and
by the relevant data sources. OSHA value of $6.8 million per prevented Aldy reviewed the available willingness
requests information and comments fatality results in an estimated to pay (WTP) literature to identify their
from the public regarding this issue. monetized benefit of $135 million. In range of estimates; using WTP to value
The actual number of injuries estimating the value of preventing a non-fatal injury and illness is the
addressed by this rulemaking is almost fatality, OSHA has followed the recommended approach, as discussed in
certainly much greater than the number approach established by the U.S. OMB Circular A–4.
included in the data sources. OSHA Environmental Protection Agency The net monetized benefits of the
requires data to be included in its IMIS (EPA). EPA’s approach is detailed in proposed standard are estimated to be
database only if an incident involves at Chapter 7 of EPA’s Guidelines for about $101.1 million annually ($135
least one fatality or three or more Preparing Economic Analyses, which million in benefits and $33.9 million in
hospitalized injuries. However, some provides a detailed review of the costs). Note that these net benefits
individual States have more stringent methods for estimating mortality risk exclude any unquantified benefits
reporting requirements and thus include values and summarizes the values associated with revising the standards to
some additional injuries among the obtained in the literature [6]. provide updated, clear, and consistent
cases submitted to the IMIS database. Synthesizing the results from 26 regulatory requirements to the public.
CONSAD performed an analysis of the relevant studies, EPA arrived at a mean Table V–4 provides an overview of
IMIS fatality and injury data by State value of a statistical life (VSL) of $4.8 the estimated benefits associated with
that were relevant to this rulemaking. million (in 1990 dollars). EPA this proposed rulemaking. OSHA
This analysis found that the ratio of recommends this central estimate, requests comments from the public
injuries to fatalities in California, which updated for inflation (the value is $6.8 regarding these figures and any other
requires all hospitalized injuries to be million in 2003 dollars) for application aspects of the estimation of the benefits
reported, was over six. in regulatory analyses. This VSL associated with this rulemaking. Table
Applying this ratio to the number of estimate is also within the range of the V–3 summarizes the costs, benefits, net
known fatalities addressed by this substantial majority of such estimates in benefits, and cost effectiveness of the
rulemaking results in an estimated 444 the literature of $1 million to $10 proposed standard.
TABLE V–3.—NET BENEFITS AND COST EFFECTIVENESS

Annualized Costs
Determination of Appropriate Protective Clothing ................................................................................. $11.0 million.
Provision of Appropriate Protective Clothing ......................................................................................... $8.4 million.
Host/Contractor Communications .......................................................................................................... $7.8 million.
Expanded Job Briefings ......................................................................................................................... $5.1 million.
Additional Training ................................................................................................................................. $1.2 million.
Other Costs ............................................................................................................................................ $0.4 million.
Total Annual Costs ......................................................................................................................... $33.9 million.
TABLE V–3.—NET BENEFITS AND COST EFFECTIVENESS—Continued

Annual Benefits
Number of Injuries Prevented ................................................................................................................ 116
Number of Fatalities Prevented ............................................................................................................. 19
Monetized Benefits (Assuming $50,000 per Injury and $6.8 million per Fatality Prevented) ............... $135 million.
OSHA standards that are updated and consistent ............................................................................... unquantified.
Total Annual Benefits ..................................................................................................................... 116 injuries and 19 fatalities pre-
vented.
Net Benefits (Benefits Minus Costs): $101 million annually Cost Effectiveness
Compliance with the proposed standards would result in the prevention of 1 fatality and 6 injuries per $1.8 million in costs, or, alternatively,
$4.00 of benefits per dollar of costs.
Additional benefits associated with utility burn accidents occur each year, prohibit the use of body belts, and
this proposal involve providing leading to 12 nonfatal injuries and 2 British standards impose major
updated, clear, and consistent safety fatalities per year. Of the reports restrictions on their use. Studies
standards regarding electric power indicating the extent of the burn injury, documenting the inappropriateness of
generation, transmission, and 75 percent reported third degree burns. and the safety risks associated with the
distribution work to the relevant Proper protective clothing is expected to use of body belts as part of a fall arrest
employers, employees, and interested reduce the number of fatalities and the system include Exhibits 2–36, 3–7, 3–9,
members of the public. The existing severity of these injuries. 3–10, and 3–13 in OSHA docket S–206
OSHA standards for the construction of Requiring the use of body harnesses (Fall Protection), and Exhibits 9–33, 11–
electric power transmission and instead of body belts is also expected to 3, 11–4, 11–5, and 11–6 in OSHA docket
distribution systems are over 30 years reduce fatalities and injuries among S–700 (Powered Platforms).
old and inconsistent with the more affected workers. There are several An average of about fifteen fatalities
recently promulgated standards problems with body belts. First, they are annually involve falls from aerial lifts;
addressing repair and maintenance more likely to result in serious injury in these cases, the employees were
work. OSHA believes that the updated during a fall because they place greater generally not wearing a belt or a
standards are easier to understand and stress on the workers’ body. Second, harness. Since most employees do, in
to apply and will benefit employers by body belts virtually eliminate the fact, wear a belt or a harness (according
facilitating compliance while improving possibility of self rescue after the fall, to the CONSAD report, current
safety. and increase the probability of serious compliance is over 80 percent), there are
As explained earlier, the internal injuries as the worker hangs likely to be at least 60 falls annually in
inconsistencies between OSHA’s suspended. Studies performed in which a belt or harness was relied upon
existing standards related to electric Europe and by the U.S. Air Force to arrest a fall.
power generation, transmission, and indicate high risks associated with the Employees who rely only on a belt for
distribution for construction and general body belt both in fall arrest and fall protection have been determined to
industry work create numerous suspension modes. Third, it is harder be at significant risk of serious injury,
difficulties for employers and for supervisors to determine visually if and the use of body belts as part of a fall
employees. The benefits associated with the worker is using appropriate fall arrest system has been determined to be
providing updated, clear, and consistent protection when belts are used. By generally inappropriate, as OSHA has
safety standards are great, but they have contrast, it can easily be seen from a already established with an extensive
not been monetized or quantified. distance whether a harness is being record on the subject as part of the final
OSHA requests comments regarding worn. Finally, there is a greater risk that rule for fall protection in construction.
how these benefits can or should be a worker could slip out of a body belt For a complete discussion of this issue,
estimated. than out of a harness. As a result of see the Summary and Explanation
With particular regard to the benefits these considerations, many employers section of the preamble to the final
associated with requirements for have already switched to requiring OSHA rule on fall protection in
protective clothing, OSHA estimates harnesses rather than belts. French and construction (59 FR 40672, August 9,
that an average of at least 8 electric German worker safety standards 1994).
TABLE V–4.—OVERVIEW OF ANNUAL BENEFITS

Injuries Fatalities
Total Addressed by the Proposed Rulemaking .................................................................................................... 444 .................. 74

Preventable Through Full Compliance with Existing Standards (52.9 percent) ................................................... 235 .................. 39
Additional Preventable with Full Compliance with Proposed Standards (26.1 percent) ...................................... 116 .................. 19
Monetized Benefits, Assuming Value of $50,000 per injury, $6.8 million per fatality .......................................... $5.8 million ..... $129.2 million
Total Monetized Benefits ............................................................................................................................... $135 million

Note: Additional benefits associated with this rulemaking involve providing OSHA standards that are updated, clear, and consistent.
Sources: CONSAD [1]; OSHA, Office of Regulatory Analysis.
F. Technological Feasibility occupational safety and health has reviewed the requirements that
standards promulgated by the Agency would be imposed by the proposal, and
In accordance with the OSH Act, are technologically feasible. In has assessed their technological
OSHA is required to demonstrate that fulfillment of this requirement, OSHA feasibility. As a result of this review,
OSHA has determined that compliance costs of compliance represent the Table V–5, the total annualized cost of
with the requirements of the proposal is additional costs necessary for employers compliance with the proposed
technologically feasible for all affected to achieve full compliance. They do not rulemaking is estimated to be about
industries. include costs associated with current $33.9 million.
The proposal would require compliance with the new requirements; The largest component of the
employers to provide protective nor do they include costs associated compliance costs, at $11.0 million
equipment and clothing, to provide with achieving full compliance with annually, is comprised of the costs
training, and to implement work existing applicable requirements. necessary to comply with the
practices to reduce the hazards For purposes of this analysis, the requirement for the employer to make a
associated with work involving electric terms ‘‘proposal’’ and ‘‘proposed determination regarding the type and
power generation, transmission, and standard’’ include all elements of this extent of flame-resistant apparel
distribution. Compliance with all of the proposed rulemaking, including necessary to protect employees in the
proposed requirements can be achieved proposed changes to 29 CFR 1910.269, event that employees may be exposed to
with readily and widely available proposed changes to 29 CFR 1926, an electric arc. For purposes of
technologies. OSHA believes that there proposed changes involving electrical estimating costs of compliance with this
are no technological constraints protective equipment requirements, and provision, OSHA expects generally that
associated with compliance with any of other associated revisions and utilities will conduct system-wide
the proposed requirements, and requests additions. The consolidated set of analyses of the extent of potential
comments regarding this conclusion. proposed actions was analyzed in its hazards in various parts of the system
G. Costs of Compliance entirety; only those parts that were and will communicate the relevant
identified as involving nonnegligible information to contractors. The
Introduction costs are explicitly reflected in the contractors, in turn, will use the
This section of the preliminary analysis of compliance costs and information provided by the utilities to
analysis presents the estimated costs of impacts. determine the appropriate type and
compliance for the proposed electric Table V–5 presents the total extent of flame-resistant apparel that
power generation, transmission, and annualized estimated costs by provision employees on a particular project must
distribution rulemaking. The estimated and by industry sector. As shown in wear.
TABLE V–5.—SUMMARY OF COMPLIANCE COST BY INDUSTRY AND BY PROVISION
Existing
34904
Host-con- Determina-
Revised 1910.269 for Expanded job Provision of Use of har- Total annual
tractor com- tion of appro-
VerDate jul<14>2003
Industry code Industry name training reconstruction briefing re- appropriate nesses in compliance
munication priate protec-
quirements (except train- quirements clothing aerial lifts costs
requirements tive clothing
ing)
NAICS 234910 ........ Water, Sewer, and Pipeline Construction ..................................... $25,850 $3,043 $84,325 $37,642 $23,055 $79,174 $0 $253,089
NAICS 234920 ........ Power and Communication Transmission Line Construction ....... 614,829 83,773 1,062,275 945,140 581,517 2,071,169 0 5,358,702
NAICS 234930 ........ Industrial Nonbuilding Structure Construction .............................. 2,358 0 114,887 42,827 47,048 94,957 0 302,077
NAICS 234990 ........ All Other Heavy Construction ....................................................... 138,029 17,834 508,846 270,538 228,773 499,701 0 1,663,721
21:14 Jun 14, 2005

NAICS 235310 ........ Electrical Contractors .................................................................... 334,494 52,294 1,629,823 829,851 611,134 1,517,936 0 4,975,533
NAICS 235910 ........ Structural Steel Erection Contractors ........................................... 3,856 0 29,071 16,637 16,448 25,664 0 91,676
NAICS 235950 ........ Building Equipment and Other Machine Installation Contractors 5,481 0 27,230 15,584 15,407 24,039 0 87,741
NAICS 235990 ........ All Other Special Trade Contractors ............................................. 16,094 0 77,081 55,111 54,532 76,318 0 279,136
NAICS 221110 ........ Electric Power Generation ............................................................ 11,645 0 1,021,719 662,584 2,106,375 1,224,001 0 5,026,324
Jkt 205001
NAICS 221120 ........ Electric Power Transmission, Control, and Distribution ............... 25,205 0 2,725,314 1,102,340 5,900,695 2,033,643 0 11,787,197
NAICS 2211 ............ Publicly Owned Utilities ................................................................. 3,559 0 280,791 145,737 676,998 273,101 0 1,380,186
Various .................... Industrial Power Generators ......................................................... 3,986 0 232,289 235,334 778,076 444,284 67,422 1,761,391
SIC 0783 ................. Ornamental Shrub and Tree Services .......................................... 59,968 0 0 700,013 0 0 216,578 976,559
PO 00000
Total ................. ........................................................................................................ $1,245,355 $156,944 $7,793,651 $5,059,338 $11,040,058 $8,363,987 $284,000 $33,943,333
Source: CONSAD [2], Appendix C; OSHA estimates.
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Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Proposed Rules
As shown in Table V–5, other annualized costs were calculated by estimated to be $22.45 per hour in the
provisions of the proposed standards annualizing nonrecurring first-year costs Ornamental Shrub and Tree Services
involving compliance costs include (at 7 percent over 10 years) and then industry, and are estimated to range
requirements for protective clothing adding these to recurring annual costs. from $31.56 to $41.00 in all other
($8.4 million), requirements for various The calculations of the estimated affected industries. Employee wage rates
communications between host costs associated with compliance are (except those for engineers), including
employers and contractors ($7.8 intended to be representative of the benefits, are estimated to be $16.66 per
million), expanded requirements for average resources necessary to achieve hour in the Ornamental Shrub and Tree
conducting job briefings ($5.1 million), compliance with the proposed
Services industry, and are estimated to
and revised training requirements ($1.2 standards. Affected establishments may
range from $24.00 to $34.84 in all other
million). achieve compliance through other
means with an equivalent amount of affected industries. Wage rates for
The remainder of this section resources. engineers, including benefits, are
provides and explains the details Labor costs are based on industry- estimated to be $41.00 per hour. Clerical
underlying the calculations of the specific wage rates published by BLS, wage rates, including benefits, are
compliance costs associated with the adjusted upwards by 37 percent to estimated to be $16.78 per hour in the
proposal. OSHA estimated compliance account for benefits and other Ornamental Shrub and Tree Services
costs for each provision of the proposal employee-related costs and are industry, and are estimated to range
that involves nonnegligible costs and for presented in Table V–6. Supervisory from $17.91 to $23.70 in all other
each affected industry sector. Total wage rates, including benefits, are affected industries. [1, Table 5.3]
TABLE V–6.—SUMMARY OF WAG RATES FOR CALCULATING COMPLIANCE COSTS, BY INDUSTRY
Wage rates
Salaries (including Fringe Benefits 1) Based on Jobs Descrip-

tion
Power gen- Utility/

Industry code Industry description eration-power Utility/other other
line construc- power
Supervisor Clerical power
tion/mainte- plant su- plant en-
nance/repair pervisor gineer
worker 2
SIC 0783 ............... Ornamental Shrub and Tree Services ............................. $22.45 $16.78 $16.66 .................. ................
NAICS 2211–10 .... Electric Power Generation ............................................... 41.00 23.70 32.66 $41.00 $44.37
NAICS 2211–20 .... Electric Power Transmission, Control, and Distribution .. 41.00 23.70 32.66 41.00 44.37
NAICS 2349–10 .... Water, Sewer, and Pipeline Construction ........................ 31.56 19.11 24.00 .................. ................
NAICS 2349–20 .... Power and Communication Transmission Line Const ..... 31.56 19.11 24.00 .................. ................
NAICS 2349–30 .... Industrial Nonbuilding Structure Construction ................. 31.56 19.11 28.28 .................. ................
NAICS 2349–90 .... All Other Heavy Construction .......................................... 31.56 19.11 26.85 .................. ................
NAICS 2353–10 .... Electrical Contractors ....................................................... 33.99 17.91 25.46 .................. ;
NAICS 2359–10 .... Structural Steel Erection Contractors .............................. 34.13 18.08 34.84 .................. ................
NAICS 2359–50 .... Building Equipment and Other Machine Installation 34.13 18.08 34.84 .................. ................
Contr.
NAICS 2359–90 .... All Other Special Trade Contractors ................................ 34.13 18.08 34.84 .................. ................
Major Publicly Owned Utilities ......................................... 41.00 23.70 32.66 41.00 44.37
Industrial Generators ........................................................ 41.00 23.70 33.02 41.00 44.37
1 Assumes an additional 37 percent of base salary for fringe benefit costs.
2 Depending upon the industry and the type of work performed (that is, power generation, power line, or both), these workers include line work-
ers, tree-trimming crew members, power plant workers, and substation workers.
Source: CONSAD Research Corporation, ‘‘Analytical Support and Data Gathering for a Preliminary Economic Analysis for Proposed Standards
for Work on Electric Power Generation, Transmission, and Distribution Lines and Equipment (29 CFR 1910.269 and 29 CFR 1926—Subpart V),’’
2005, prepared for the U.S. Department of Labor, Occupational Safety and Health Administration, Office of Regulatory Analysis under Contract
No. J9–F9–0013, Task Order Number 31, Pittsburgh, PA.
First-Year Costs for Revising Training complex nature of the training for range from $272 to $351 in all other
Programs employees in the Ornamental Shrub and affected industries.
The proposed revisions to the OSHA Tree industry, the costs associated with Most establishments in all affected
standards addressing electric power revising a training program in this industries either already have training
generation, transmission, and industry were estimated to involve 4 programs that meet the requirements of
distribution work would require hours of supervisory time plus half an the proposed standards, or regularly
establishments covered by 29 CFR hour of clerical time. [2, Appendix C, revise their training programs to account
1910.269 to revise existing training pages 3–4] for new information or work practices.
programs. Thus, OSHA estimates that the For these establishments, no additional
The costs associated with such a average cost of compliance per affected costs would be necessary to achieve
revision were estimated as involving 8 establishment covered by 29 CFR compliance with the proposed
hours of supervisory time plus an hour 1910.269 for revising existing training standards.
of clerical time for all industries except programs would be $196 for Rates of current compliance were
Ornamental Shrub and Tree Services. establishments in the Ornamental Shrub estimated for each affected industry.
Due to the more limited and less and Tree Services industry, and would Within each industry, rates of current
compliance were estimated separately compliance were estimated to range for each affected industry. In calculating
for establishments based on their size from 75 to 98 percent. [2, Appendix C, the total annual cost associated with all
and based on whether their work force pages 3–4] of the revised training requirements,
was unionized or not. In the Ornamental The total estimated first-year cost of this nonrecurring first-year cost was
Shrub and Tree Services industry, compliance for revising training annualized at a rate of 7 percent over 10
estimated rates of current compliance programs was thus estimated to be years and was then added to the other
ranged from 50 to 75 percent. In all $516,000, as shown in Table V–7. Table annual costs.
other affected industries, rates of current V–7 also shows the costs of compliance
TABLE V–7.—FIRST-YEAR COSTS FOR REVISING TRAINING PROGRAMS

Establish- Average cost First-year
Compliance rate
Industry code Industry name ments affected per affected compliance
(%) low/high
(%) establishment costs
NAICS 234910 ...... Water, Sewer, and Pipeline Construction ................. 95 $272 75/95 $28,036
NAICS 234920 ...... Power and Communication Transmission Line Con- 95 272 75/95 95,269
struction.
NAICS 234930 ...... Industrial Nonbuilding Structure Construction ........... 100 272 75/95 7,859
NAICS 234990 ...... All Other Heavy Construction .................................... 95 272 75/95 23,120
NAICS 235310 ...... Electrical Contractors ................................................. 95 290 75/95 61,211
NAICS 235910 ...... Structural Steel Erection Contractors ........................ 100 291 75/95 24,714
NAICS 235950 ...... Building Equipment and Other Machine Installation 100 291 75/95 36,315
Contractors.
NAICS 235990 ...... All Other Special Trade Contractors ......................... 100 291 75/95 106,576
NAICS 221110 ...... Electric Power Generation ......................................... 100 351 95/98 21,793
NAICS 221120 ...... Electric Power Transmission, Control, and Distribu- 100 351 95/98 77,343
tion.
NAICS 2211 .......... Publicly Owned Utilities ............................................. 100 351 95/98 11,790
Various .................. Industrial Power Generators ...................................... 100 351 98/98 6,563
SIC 0783 ............... Ornamental Shrub and Tree Services ....................... 100 196 50/75 15,885
Total ............... .................................................................................... ........................ ........................ .............................. 516,474

Source: CONSAD [1], Table 5.3 and CONSAD [2], Appendix C, pages 3–4.
First-Year Costs for Provision of changes in requirements that would be Rates of current compliance with the
Additional Training for Employees associated with the adoption of the proposed requirements were estimated
Already Covered by 29 CFR 1910.269 proposed standards and that would for each affected industry. Within each
The proposed revisions to the OSHA substitute for previous training. This industry, rates of current compliance
standards addressing electric power part of the cost would only need to be were estimated separately for
generation, transmission, and incurred in the first year; in subsequent establishments based on their size and
distribution work may involve costs for years, the corresponding part of the based on whether their work force was
providing additional training. training would be substituted for the unionized or not. In the Ornamental
The costs associated with the previous training. The other half of the Shrub and Tree Services industry,
provision of additional training were additional training in the first year estimated rates of current compliance
estimated as involving resources represents additional training that may ranged from 50 to 75 percent. In all
(including labor costs or other be necessary to fully comply with the other affected industries, rates of current
expenditures) equivalent to 1.5 hours of revised training requirements of the compliance were estimated to range
employee time, plus 12 minutes of proposal. from 75 to 98 percent [2, Appendix C,
supervisory time, plus 3 minutes of OSHA estimates that the average cost pages 5–6].
clerical time per employee for all of compliance for providing the
additional training would be $40 per The total estimated first-year cost of
affected industries except Ornamental
employee for establishments in the compliance for providing training
Shrub and Tree Services. For
establishments in the Ornamental Shrub Ornamental Shrub and Tree Services meeting the requirements of the
and Tree Services industry, the industry, and would range from $50 to proposed standards was thus estimated
provision of additional training was $67 per employee in all other affected to be $572,000, as shown in Table V–8.
estimated as involving resources industries. Table V–8 also shows the costs of
(including labor costs or other Based on research conducted by compliance for each affected industry.
expenditures) equivalent to 0.75 hours CONSAD, most establishments in all In calculating the total annual cost
of employee time, plus 6 minutes of affected industries are estimated to associated with all of the revised
supervisory time, plus 3 minutes of already provide training that fully training requirements, this nonrecurring
clerical time per employee. [2, complies with the requirements of the first-year cost (less the corresponding
Appendix C, pages 5–6] proposed standards [2, Appendix C, annual cost shown in Table V–10) was
Half of the incremental cost of this pages 5–6]. For these establishments, no annualized at a rate of 7 percent over 10
additional training is attributable to the additional costs would be necessary to years and was then added to the
need to train current employees on the achieve compliance. recurring annual costs.
TABLE V–8.—FIRST-YEAR COSTS FOR PROVIDING ADDITIONAL TRAINING TO EMPLOYEES ALREADY COVERED BY
§ 1910.269
Average cost Compliance First-year
Employees af-
Industry code Industry name per affected rate (%) low/ compliance
fected (%) employee high costs
NAICS 234910 ....... Water, Sewer, and Pipeline Construction ................... 95 $50 75/95 $4,028
NAICS 234920 ....... Power and Communication Transmission Line Con- 95 50 75/95 106,246
struction.
NAICS 234930 ....... Industrial Nonbuilding Structure Construction ............. 100 58 75/95 6,041
NAICS 234990 ....... All Other Heavy Construction ...................................... 95 55 75/95 27,622
NAICS 235310 ....... Electrical Contractors .................................................. 95 51 75/95 78,696
NAICS 235910 ....... Structural Steel Erection Contractors .......................... 100 67 75/95 1,854
NAICS 235950 ....... Building Equipment and Other Machine Installation 100 67 75/95 1,736
Contractors.
NAICS 235990 ....... All Other Special Trade Contractors ........................... 100 67 75/95 5,071
NAICS 221110 ....... Electric Power Generation ........................................... 100 60 95/98 55,278
NAICS 221120 ....... Electric Power Transmission, Control, and Distribu- 100 60 95/98 91,945
tion.
NAICS 2211 ........... Publicly Owned Utilities ............................................... 100 60 95/98 12,187
Various ................... Industrial Power Generators ........................................ 100 61 98/98 19,744
SIC 0783 ................ Ornamental Shrub and Tree Services ........................ 100 40 50/75 162,035
Total ................ ...................................................................................... ........................ ........................ ........................ 572,483

First-Year Costs for Additional Training comments to OSHA on a draft of the representative stated that they do not
for Employees Not Already Covered by proposal generally indicated that know of any contractor firms that do
29 CFR 1910.269 construction contractors follow and exclusively construction work [3, p. 15].
The proposed revisions to the OSHA comply with the standards applicable to It is not clear to what extent it is
standards addressing electric power general industry work (29 CFR understood by potentially affected firms
generation, transmission, and 1910.269) for all of their work, that much work that is commonly
distribution work include revisions to including construction work. But some regarded as construction or that is
the existing training requirements in 29 small business representatives indicated commonly performed by construction
CFR 1910.269 and more substantial that there are some companies who companies does in fact fall under
revisions to the training requirements follow the standards for construction OSHA’s definition of general industry
applicable to construction work. work in 29 CFR 1926, rather than the work, which includes repair and
Companies that perform construction standards for general industry work in maintenance. Thus, it would be easy for
work associated with electric power 29 CFR 1910.269. [3, p. 14] firms or people to mistakenly believe
generation, transmission, and For certain aspects of a particular that they (or others) are only involved
distribution systems would also be able construction job, it may be possible to in construction work when in fact some
and willing to perform (and, in fact, do avoid some expenses associated with of their work falls under the scope of
perform) similar work involving the compliance with some of the OSHA’s general industry standards.
repair and maintenance of such systems. requirements of 29 CFR 1910.269 not It is very unlikely that contractors
The distinction between construction dealing with training. However, if the performing electric power generation,
work and repair or maintenance work employees of the company ever do any transmission, or distribution work meet
can be difficult to make in some work considered repair or maintenance, both of the following criteria: (1) They
situations. For example, the distinction or any other work covered by 29 CFR know and expect that for all projects
may hinge on whether a particular piece 1910.269, then they must have been performed, only construction work will
of equipment is regarded as an upgrade trained in accordance with that be done such that the training required
or a ‘‘replacement-in-kind.’’ standard. Thus, compliance with the by 29 CFR 1910.269 would not be
Since the nature of the work is often training requirements of 29 CFR required to be provided, and (2) they
almost identical, companies are not 1910.269 in particular is likely, even if have employees perform such work
likely to restrict themselves to only a specific job involves only construction without providing them with what
repair or maintenance work or to only work and the employer follows the many consider to be a minimum amount
construction work with regard to relevant provisions of the Construction of basic safety training applicable to this
potential jobs involving electric power Standard, Subpart V. type of work, as reflected in the training
generation, transmission, and The number of firms, if any, who requirements of 29 CFR 1910.269. Only
distribution. Thus, it would be actually limit themselves to contractors meeting both of these
reasonable to assume that any company construction work as defined by OSHA, criteria would experience additional
involved in such work would have their and therefore avoid providing a basic training costs due to the formal
employees trained in accordance with training regimen for employees under extension of the training requirements
accepted industry safety practices, as 29 CFR 1910.269, is difficult to estimate. in 29 CFR 1910.269 to the construction
required by the existing OSHA standard One small entity representative industry.
addressing this type of work in general estimated that about 10 to 30 percent of Nevertheless, for purposes of
industry in 29 CFR 1910.269. contractors involved in electric power estimating the potential costs of
Small business representatives from transmission and distribution work may compliance that may be associated with
the affected industries providing exclusively do construction; another this proposal, OSHA estimates that 5
percent of the work force in several Construction; Power and For the establishments and employees
construction industries would need to Communication Transmission Line considered to be affected by the
be provided with the training currently Construction; All Other Heavy expansion of the scope of applicability
required by 29 CFR 1910.269 in order to Construction; and Electrical Contractors. of this training requirement, current
achieve full compliance with the OSHA requests comments and compliance was estimated to be zero. [2,
proposed standards. information from the public regarding Appendix C, pages 5–6]
In the development of the proposal, this issue and the associated estimates.
OSHA was not able to identify any The costs associated with the The total estimated first-year cost of
employers that performed work covered additional training that may be compliance for providing additional
by Subpart V of Part 1926, but no work necessary to achieve full compliance training for employees not already
covered by 29 CFR 1910.269. However, with the new training provisions for covered by 29 CFR 1910.269 (and not
OSHA has calculated costs based on an employees not already covered by 29 already provided with such training)
estimate that 5 percent of the affected CFR 1910.269 were estimated as was thus estimated to be $4.1 million,
construction work force performs no involving resources (including labor as shown in Table V–9. Table V–9 also
work covered by 29 CFR 1910.269, costs or other expenditures) equivalent shows the costs of compliance for each
primarily in response to the to 24.75 hours of employee time, plus 3 affected industry. In calculating the total
recommendations of the SBREFA Panel, minutes of clerical time per employee in annual cost associated with all the
as discussed in the Initial Regulatory the affected industries. revised training requirements, this
Flexibility Analysis. Thus, OSHA estimates that the nonrecurring first-year cost (less the
Specifically, OSHA estimates that 5 average cost of compliance per affected corresponding annual cost shown in
percent of the relevant work force employee for the required training Table V–11) was annualized at a rate of
would be affected in the following would range from $690 to $772 in the 7 percent over 10 years and was then
industries: Water, Sewer, and Pipeline affected industries. added to the recurring annual costs.
TABLE V–9.—FIRST-YEAR COSTS FOR ADDITIONAL TRAINING FOR EMPLOYEES NOT ALREADY COVERED BY § 1910.269
Average cost Compliance First-year
Employees af-
Industry code Industry name per affected rate (%) low compliance
fected (%) employee high costs
NAICS 234910 ....... Water, Sewer, and Pipeline Construction ................... 5 $690 0 $78,184
NAICS 234920 ....... Power and Communication Transmission Line Con- 5 690 0 2,153,238
struction.
NAICS 234930 ....... Industrial Nonbuilding Structure Construction ............. 0 ........................ ........................ 0
NAICS 234990 ....... All Other Heavy Construction ...................................... 5 772 0 479,611
NAICS 235310 ....... Electrical Contractors .................................................. 5 700 0 1,344,110
NAICS 235910 ....... Structural Steel Erection Contractors .......................... 0 ........................ ........................ 0
NAICS 235950 ....... Building Equipment and Other Machine Installation 0 ........................ ........................ 0
Contractors.
NAICS 235990 ....... All Other Special Trade Contractors ........................... 0 ........................ ........................ 0
NAICS 221110 ....... Electric Power Generation ........................................... 0 ........................ ........................ 0
NAICS 221120 ....... Electric Power Transmission, Control, and Distribu- 0 ........................ ........................ 0
tion.
NAICS 2211 ........... Publicly Owned Utilities ............................................... 0 ........................ ........................ 0
Various ................... Industrial Power Generators ........................................ 0 ........................ ........................ 0
SIC 0783 ................ Ornamental Shrub and Tree Services ........................ 0 ........................ ........................ 0
Total ................ ...................................................................................... ........................ ........................ ........................ 4,055,143

Source: CONSAD [1], Table 5.3; CONSAD [2], Appendix C, pages 5–6; OSHA estimates.
Annual Costs for Provision of establishments in the Ornamental Shrub force turnover rate. The work force
Additional Training for Employees and Tree Services industry, the turnover rate associated with the
Already Covered by 29 CFR 1910.269 provision of additional training was relevant occupational category was
estimated as involving resources estimated for each potentially affected
The proposed revisions to the OSHA (including labor costs or other industry. The turnover rates among
standards addressing electric power expenditures) equivalent to 0.375 hours employees performing electric power
generation, transmission, and of employee time, plus 3 minutes of generation, transmission, and
distribution work may involve annual supervisory time, plus 3 minutes of distribution work were estimated to
costs for providing additional training clerical time per employee. range from 11 to 16 percent in the
due to workforce turnover. OSHA estimates that the average cost construction industries, were estimated
The costs associated with the of compliance for providing the to be 3 percent in generation and utility
provision of additional training were additional training would be $20 per industries, and were estimated to be 31
estimated as involving resources affected employee for establishments in percent for establishments in the
(including labor costs or other the Ornamental Shrub and Tree Services Ornamental Shrub and Tree Services
expenditures) equivalent to 0.75 hours industry and would range from $25 to industry [2, Appendix C, p. 7–8].
of employee time, plus 6 minutes of $34 per affected employee in all other Based on research conducted by
supervisory time, plus 3 minutes of affected industries. CONSAD, OSHA estimates that most
clerical time per employee for all The number of affected employees in establishments in all affected industries
affected industries except Ornamental each establishment was estimated by already provide training that fully
Shrub and Tree Services. For determining the corresponding work complies with the requirements of the
proposed standards [2, Appendix C, based on whether their work force was The total estimated annual cost of
pages 7–8]. For these establishments, no unionized or not. In the Ornamental compliance for providing training
additional costs would be necessary to Shrub and Tree Services industry, meeting the requirements of the
achieve compliance. estimated rates of current compliance proposed standards was thus estimated
Rates of current compliance with the ranged from 50 to 75 percent. In all to be about $58,000, as shown in Table
proposed requirements were estimated other affected industries, rates of current V–10. Table V–10 also shows the costs
for each affected industry. Within each compliance were estimated to range of compliance for each affected
industry, rates of current compliance from 75 to 98 percent [2, Appendix C, industry.
were estimated separately for
pages 7–8].
establishments based on their size and
TABLE V–10.—ANNUAL COSTS FOR PROVIDING ADDITIONAL TRAINING FOR EMPLOYEES ALREADY COVERED BY
§ 1910.269
Average cost Compliance
Employees af- Annual compli-
Industry code Industry name per affected rate (%) low/
fected (%) ance costs
employee high
NAICS 234910 ....... Water, Sewer, and Pipeline Construction ................... 15 $25 75/95 $299
NAICS 234920 ....... Power and Communication Transmission Line Con- 15 25 75/95 7,870
struction.
NAICS 234930 ....... Industrial Nonbuilding Structure Construction ............. 16 29 75/95 448
NAICS 234990 ....... All Other Heavy Construction ...................................... 15 28 75/95 2,046
NAICS 235310 ....... Electrical Contractors .................................................. 10 26 75/95 4,103
NAICS 235910 ....... Structural Steel Erection Contractors .......................... 11 34 75/95 97
NAICS 235950 ....... Building Equipment and Other Machine Installation 11 34 75/95 91
Contractors.
NAICS 235990 ....... All Other Special Trade Contractors ........................... 11 34 75/95 280
NAICS 221110 ....... Electric Power Generation ........................................... 3 30 95/98 817
NAICS 221120 ....... Electric Power Transmission, Control, and Distribu- 3 30 95/98 1,359
tion.
NAICS 2211 ........... Publicly Owned Utilities ............................................... 3 30 95/98 180
Various ................... Industrial Power Generators ........................................ 3 31 98/98 292
SIC 0783 ................ Ornamental Shrub and Tree Services ........................ 31 20 50/75 40,447
Total ................ ...................................................................................... ........................ ........................ ........................ 58,329

Annual Costs for Additional Training resources (including labor costs or other range from 11 to 16 percent in the
for Employees Not Already Covered by expenditures) equivalent to 24.75 hours affected construction industries [2,
29 CFR 1910.269 of employee time, plus 3 minutes of Appendix C, p. 9–10].
clerical time per employee. OSHA For the establishments and employees
As noted earlier, OSHA has included estimates that the average cost of
training costs based on an estimate that considered to be affected by the
compliance per affected employee for expansion of the scope of applicability
5 percent of the affected construction the required training would range from
work force performs no work covered by of this training requirement, current
$690 to $772 in the affected industries.
29 CFR 1910.269. Specifically, OSHA compliance was estimated to be zero [2,
The number of affected employees in
estimates that 5 percent of the relevant each establishment was estimated by Appendix C, pages 9–10].
work force would be affected in the determining the corresponding work The total estimated annual cost of
following industries: Water, Sewer, and force turnover rate. The work force compliance for providing additional
Pipeline Construction; Power and turnover rate associated with the training for employees not already
Communication Transmission Line relevant occupational category was covered by 29 CFR 1910.269 (and not
Construction; All Other Heavy estimated for each potentially affected already provided with such training)
Construction; and Electrical Contractors. industry. The turnover rates among was thus estimated to be about
The annual costs associated with this employees performing electric power $542,000, as shown in Table V–11.
additional training were estimated for generation, transmission, and Table V–11 also shows the costs of
new affected employees as involving distribution work were estimated to compliance for each affected industry.
TABLE V–11.—ANNUAL COSTS FOR PROVISION OF ADDITIONAL TRAINING FOR EMPLOYEES NOT ALREADY COVERED BY
§ 1910.269
employee high
NAICS 234910 ....... Water, Sewer, and Pipeline Construction .................. 1 $690 0 $11,583
NAICS 234920 ....... Power and Communication Transmission Line Con- 1 690 0 318,999
struction.
NAICS 234930 ....... Industrial Nonbuilding Structure Construction ............ 0 ........................ ........................ 0
NAICS 234990 ....... All Other Heavy Construction ..................................... 1 772 0 71,053
NAICS 235310 ....... Electrical Contractors .................................................. 1 700 0 140,144
TABLE V–11.—ANNUAL COSTS FOR PROVISION OF ADDITIONAL TRAINING FOR EMPLOYEES NOT ALREADY COVERED BY
§ 1910.269—Continued
employee high
NAICS 235910 ....... Structural Steel Erection Contractors ......................... 0 ........................ ........................ 0
Contractors.
NAICS 235990 ....... All Other Special Trade Contractors .......................... 0 ........................ ........................ 0
NAICS 221110 ....... Electric Power Generation .......................................... 0 ........................ ........................ 0
tion.
NAICS 2211 ........... Publicly Owned Utilities .............................................. 0 ........................ ........................ 0
Various ................... Industrial Power Generators ....................................... 0 ........................ ........................ 0
Total ................ ..................................................................................... ........................ ........................ ........................ 541,779

Costs To Comply With Existing 29 CFR Specifically, OSHA estimates that the would no longer involve additional
1910.269 (Other Than Training) for compliance costs associated with costs. Thus, the estimate of compliance
Employees Not Already Covered by 29 achieving full compliance with the costs would allow for more widespread
CFR 1910.269 requirements of the existing 29 CFR noncompliance among other
As described earlier, OSHA believes 1910.269 for the construction industry requirements, or for the incorporation of
that construction contractors who would be equivalent to that represented other aspects of achieving compliance.
perform work involving electric power by 5 percent of the relevant work force
The resources necessary to achieve
generation, transmission, or distribution being out of compliance with the
requirements of the existing 29 CFR compliance with the relevant
generally comply with the requirements requirements were estimated to be
of the OSHA general industry standard 1910.269 that were newly introduced in
general industry in 1994. The relevant represented by an average of $64 per
29 CFR 1910.269. Nevertheless, for
work force would be the affected employee. This cost is equivalent to that
purposes of estimating the potential
employees in the following industries: associated with compliance with the
costs of compliance associated with this
rulemaking, costs associated with Water, Sewer, and Pipeline revised 29 CFR 1910.269, as supported
complying with existing requirements Construction; Power and by the public record corresponding to
in 29 CFR 1910.269 were estimated for Communication Transmission Line the promulgation of that standard.
some construction establishments. For Construction; All Other Heavy The total estimated annual costs
purposes of calculating a cost estimate, Construction; and Electrical Contractors. associated with achieving compliance
OSHA estimates that the equivalent of 5 The costs necessary to achieve full with the nontraining requirements of
percent of the work force in several compliance with the relevant the existing 29 CFR 1910.269 for the
construction industries currently are not nontraining requirements of 29 CFR construction industry was thus
provided with any of the additional 1910.269 were estimated based on those estimated to be $157,000, as shown in
safety protections that were newly associated with the final rule Table V–12. Table V–12 also shows the
provided by the existing 29 CFR promulgated by OSHA in 1994. Many of costs of compliance for each affected
1910.269 when that standard was these requirements have become industry.
updated by OSHA in 1994. standard industry practice and thus
TABLE V–12.—COSTS TO COMPLY WITH EXISTING 1910.269 (OTHER THAN TRAINING) FOR EMPLOYEES NOT ALREADY
COVERED BY § 1910.269
Employees af- Employees af-
fected (%) fected (%) employee high
NAICS 234910 ....... Water, Sewer, and Pipeline Construction .................. 5 $64 0 $3,043
NAICS 234920 ....... Power and Communication Transmission Line Con- 5 64 0 83,773
struction.
NAICS 234930 ....... Industrial Nonbuilding Structure Construction ............ 0 ........................ ........................ 0
NAICS 234990 ....... All Other Heavy Construction ..................................... 5 64 0 17,834
NAICS 235310 ....... Electrical Contractors .................................................. 5 64 0 52,294
NAICS 235910 ....... Structural Steel Erection Contractors ......................... 0 ........................ ........................ 0
Contractors.
NAICS 235990 ....... All Other Special Trade Contractors .......................... 0 ........................ ........................ 0
NAICS 221110 ....... Electric Power Generation .......................................... 0 ........................ ........................ 0
tion.
NAICS 2211 ........... Publicly Owned Utilities .............................................. 0 ........................ ........................ 0
Various ................... Industrial Power Generators ....................................... 0 ........................ ........................ 0
TABLE V–12.—COSTS TO COMPLY WITH EXISTING 1910.269 (OTHER THAN TRAINING) FOR EMPLOYEES NOT ALREADY
COVERED BY § 1910.269—Continued
Employees af- Employees af-
fected (%) fected (%) employee high
Total ................ ..................................................................................... ........................ ........................ ........................ 156,944

Source: OSHA, Office of Regulatory Analysis.
Annual Costs for Required generation, transmission, and affected projects involving
Communications Between Host distribution systems. establishments with fewer than 20
Employers and Contractors An estimated 2.7 million projects are employees, and resources equivalent to
performed by contractors for host 15 minutes of supervisory time each for
The proposed revisions to the OSHA employers annually. Of these, about 1.3 the host employer and for the contractor
standards addressing electric power million are performed by contractors on affected projects involving
generation, transmission, and classified in the Power and establishments with 20 or more
distribution work would require certain Communication Transmission Line employees. [2, Appendix C, pages 11–
communications to take place between Construction industry, and another 0.9 12]
host employers and contractors. These million are performed by establishments Thus, OSHA estimates that the
requirements would apply for each classified in the Electrical Contractors average cost of compliance to
project that is performed by a contractor industry. [2, Appendix C, p. 1] contractors associated with the
for a host employer. Projects performed by the host requirements for communications
Under the proposed standards, the employers themselves would not be between host employers and contractors
host employer would be required to affected by the proposed new would be $5 to $6 per affected project
provide to the contractor information on requirements. Also, projects for which performed by a smaller establishment,
hazards that the contract employer there is no host employer would not be and $8 to $9 per affected project
might not be able to recognize. affected by these requirements. Host performed by a larger establishment.
However, the proposed standards would employer is defined in the proposal as The corresponding cost of compliance
not require the host employer to survey ‘‘[a]n employer who operates and to utilities associated with these
the work area for hazards, and would maintains’’ an electric power system requirements would range from $7 to
not require the host employer to acquire and who hires a contract employer to $10 per affected project.
additional unknown information. perform work on the system.
Based on research conducted by
The proposed standards would also Furthermore, the requirements do not
CONSAD, OSHA believes that the
require the host employer to report to apply to line-clearance tree trimmers.
communications that would be required
the contractor any violations of the OSHA requests comments regarding the
scope and application of these by the proposed standards already occur
applicable OSHA standards that may for most affected projects. Employers
happen to be observed by the host requirements, and regarding additional
costs, if any, that would need to be involved in an estimated 50 percent of
employer. This requirement would not the affected projects performed by
incurred by tree trimmers if they were
impose any additional costs on host smaller establishments are already in
to be covered by this requirement.
employers or on contractors to the Some projects would be sufficiently compliance with the proposed
extent that contractors are in small and straightforward to preclude requirements. Depending on the
compliance with the applicable the need for any required construction contractor involved, an
standards. communication. An estimated 50 estimated 75 to 90 percent of the
Contractors are also required under percent of the projects performed by affected projects performed by larger
the proposed standards to inform the establishments with fewer than 20 contractors are also already in
host employer about any unique hazards employees would be unaffected by the compliance. For these projects, no
posed by the work of the contractor, proposed new communication additional costs would be necessary to
about any unexpected hazards found in requirements. All projects performed by achieve compliance with the proposed
the course of performing the contracted establishments with 20 or more standards. [2, Appendix C, p. 11–12]
work, and about the measures taken by employees are considered affected by The total estimated annual cost of
the contractor to correct violations these requirements. [2, Appendix C, p. compliance associated with the
reported by the host employer and the 11–12] proposed requirements involving
measures taken to prevent such The costs associated with these communications between host
violations from recurring. These provisions were estimated as involving employers and contractors was thus
communications are generally resources (including labor costs or other estimated to be $7.8 million, as shown
considered to be consistent with current expenditures) equivalent to 10 minutes in Table V–13. Table V–13 also shows
industry practices for projects involving of supervisory time each for the host the costs of compliance for each affected
contracted work on electric power employer and for the contractor on industry.
TABLE V–13.—COSTS FOR REQUIRED COMMUNICATIONS BETWEEN HOST EMPLOYERS AND CONTRACTORS
Projects per- Projects af- Cost per Compliance Annual compli-
Industry code Industry name formed annu- fected (%) project rate (%) ance costs
ally small/large small/large low/high
NAICS 234910 ....... Water, Sewer, and Pipeline Con- 49,019 50/100 $5/$8 50/75 $84,325
struction.
NAICS 234920 ....... Power and Communication Trans- 1,282,310 50/100 5/8 65/90 1,062,275
mission Line Construction.
NAICS 234930 ....... Industrial Nonbuilding Structure 58,790 50/100 5/8 50/75 114,887
Construction.
NAICS 234990 ....... All Other Heavy Construction ......... 309,377 50/100 5/8 50/75 508,846
NAICS 235310 ....... Electrical Contractors ...................... 939,790 50/100 6/9 50/75 1,629,823
NAICS 235910 ....... Structural Steel Erection Contrac- 15,889 50/100 6/9 50/75 29,071
tors.
NAICS 235950 ....... Building Equipment and Other Ma- 14,883 50/100 6/9 50/75 27,230
chine Installation Contractors.
NAICS 235990 ....... All Other Special Trade Contractors 47,250 50/100 6/9 50/75 77,081
NAICS 221110 ....... Electric Power Generation .............. 1,894,521 10 7/10 ........................ 1,021,719
NAICS 221120 ....... Electric Power Transmission, Con- 3,147,692 10 7/10 ........................ 2,725,314
trol, and Distribution.
NAICS 2211 ........... Publicly Owned Utilities .................. 422,708 10 7/10 ........................ 280,791
Various ................... Industrial Power Generators ........... 687,667 10 7/10 ........................ 232,289
SIC 0783 ................ Ornamental Shrub and Tree Serv- 2,251,278 0 ........................ ........................ 0
ices.
Total ................ ......................................................... ........................ ........................ ........................ ........................ 7,793,651

1 Note:Projects performed directly by utilities are excluded; costs to utilities reflect costs of communication on projects contracted out.
Source: CONSAD [1], Table 5.3 and CONSAD [2], appendix C, pages 11–12.
Annual Costs Associated With new requirements [2, Appendix C, p. 1 briefings that would be required by the
Expanded Requirements for Job and p. 13–14]. proposed standards are already
Briefings Compliance with the proposed provided for most affected projects.
standards would be expected to be Employers involved in an estimated 85
The proposed revisions to the OSHA achieved through a small addition to percent of the affected projects
standards would expand the routine communications that already performed by establishments with fewer
requirements for employers to conduct take place regularly between and among than 20 employees are already in
job briefings prior to beginning work on employers and employees involved in compliance with the proposed
affected electric power projects. the affected projects. The costs of requirements. Employers involved in an
Specifically, in addition to existing compliance associated with the revised estimated 95 percent of the affected
requirements to provide a job briefing job briefing provisions were estimated projects performed by establishments
for employees, affected employers as involving resources (including labor with 20 or more employees are also
would be required to provide the costs or other expenditures) equivalent already in compliance with the
employee in charge of the job with to 5 minutes of supervisory time and 5 proposed requirements. Among utilities
available information to perform the job minutes of employee time for each and other power generators, an
safely. affected project [2, Appendix C, pages estimated 95 percent to 98 percent of
An estimated 11.1 million projects are 11–12]. the potentially affected projects involve
performed by construction contractors, Thus, OSHA estimates that the employers already fully in compliance
utilities, other power generators, and average cost of compliance associated with the proposed job briefing
line-clearance tree trimmers annually. with the revised requirements for job provisions. For these projects, no
Of these, about 6.2 million projects are briefings would be $5 to $6 per affected additional costs would be necessary to
performed by utilities and power project performed by utilities, other achieve compliance with the proposed
generators, 2.7 million projects are power generators, and construction standards. [2, Appendix C, pages 13–14]
performed by contractors classified in contractors. The estimated average cost The total estimated annual cost of
the construction industry, and another of compliance for projects performed by compliance associated with the
2.3 million projects are performed by establishments in the Ornamental Shrub proposed requirements regarding job
establishments classified in the and Tree Services industry would be briefings was thus estimated to be $5.1
Ornamental Shrub and Tree Services about $3 per project. million, as shown in Table V–14. Table
industry. All of these projects would be Based on research conducted by V–14 also shows the costs of
potentially affected by the proposed CONSAD, OSHA estimates that the job compliance for each affected industry.
TABLE V–14.—COSTS ASSOCIATED WITH EXPANDED REQUIREMENTS FOR JOB BRIEFINGS

Projects per- Compliance
Projects af- Cost per Annual compli-
Industry code Industry name formed annu- rate (%) low
fected (%) project ance costs
ally high
NAICS 234910 ....... Water, Sewer, and Pipeline Con- 49,019 100 5 85/95 $37,642
struction.
TABLE V–14.—COSTS ASSOCIATED WITH EXPANDED REQUIREMENTS FOR JOB BRIEFINGS—Continued

Industry code Industry name formed annu- rate (%) low
ally high
NAICS 234920 ....... Power and Communication Trans- 1,282,310 100 5 85/95 945,140
NAICS 234930 ....... Industrial Nonbuilding Structure 58,790 100 5 85/95 42,827
Construction.
NAICS 234990 ....... All Other Heavy Construction ......... 309,377 100 5 85/95 270,538
NAICS 235310 ....... Electrical Constructors .................... 939,790 100 5 85/95 829,851
NAICS 235910 ....... Structural Steel Erection Construc- 15,889 100 6 85/95 16,637
tors.
NAICS 235950 ....... Building Equipment and Other Ma- 14,883 100 6 85/95 15,584
chine Installation Constructors.
NAICS 235990 ....... All Other Special Trade Construc- 47,250 100 6 85/95 55,111
tors.
NAICS 221110 ....... Electric Power Generation .............. 1,894,521 100 6 95/98 662,584
NAICS 221120 ....... Electric Power Transmission, Con- 3,147,692 100 6 95/98 1,102,340
NAICS 2211 ........... Publicly Owned Utilities .................. 422,708 100 6 95/98 145,737
Various ................... Industrial Power Generators ........... 687,667 100 6 98/98 235,334
SIC 0783 ................ Ornamental Shrub and Tree Serv- 2,251,278 100 3 85/95 700,013
ices.
Total ................ ......................................................... ........................ ........................ ........................ ........................ 5,059,338

Annual Costs Associated With generators, 2.7 million projects are that assessment to the appropriate
Determinations Regarding Electric Arc performed by contractors classified in persons in charge of specific projects.
Hazards and Appropriate Employee the construction industry, and another Contractors would use the necessary
Protection 2.3 million projects are performed by information from the system-wide
establishments classified in the analysis relevant to each particular
Under OSHA’s proposed revisions, Ornamental Shrub and Tree Services project to make a determination
employers are required to determine industry. [2, Appendix C, p. 1]. regarding the appropriate protection to
whether employees may be exposed to The requirements involving provide employees for each project.
hazards from flames or from electric determinations associated with electric The costs of compliance associated
arcs. For employees exposed to hazards arc hazards do not apply to projects with the proposed requirements to make
from electric arcs, the employer must performed by establishments classified determinations associated with electric
estimate the available heat energy to in the Ornamental Shrub and Tree arc hazards were estimated as involving
which the employee would be exposed. Services industry. In addition, the resources (including labor costs or other
Where the covered hazards exist, the requirements do not apply to projects expenditures) for two activities. First,
employer must determine the involving only deenergized lines and costs were estimated for conducting and
corresponding appropriate clothing or equipment, even if these could involve updating a system-wide assessment of
other protection for employees. potential electric arc hazards. potential energy for each utility and
As noted in the proposal, the An estimated 50 percent of the other power generator. Second, costs
calculations of potential heat energy projects involving electric power were estimated for making a
exposures do not need to be made transmission and distribution involve determination regarding appropriate
separately or repeated for each work on deenergized lines and employee protection, using information
individual project performed. Estimates equipment; all projects involving from a system-wide assessment, for each
that cover multiple system areas can be electric power generation were assumed affected project.
developed initially, and then to involve energized lines or equipment. The cost associated with conducting a
information from the resulting system- Thus, the percent of projects potentially system-wide assessment would depend
wide analysis can be used repeatedly as affected by the requirements involving on the size and complexity of the
needed. The relevant information determinations associated with electric system, which tends to correspond
applicable for a specific project can be arc hazards ranges from 50 percent to closely to the number of employees
identified and communicated to 100 percent across affected industries working for the company that operates
contractors by referring to the results of depending on the proportion of the the system. Thus, the costs were
the system-wide assessment or by work in each industry that involves estimated on a per-employee basis for
providing the relevant system area energized lines or equipment. [2, each affected utility. The annual cost for
parameters (such as maximum fault Appendix C, p. 13–14] each system was estimated as involving
current and clearing times) so that the Compliance with the proposed resources (including labor costs or other
contractor can perform the calculations. standards would be expected to be expenditures) equivalent to the cost of
An estimated 11.1 million projects are achieved through the completion of a 2 hours of an electric power system
performed by construction contractors, single system-wide assessment for each engineer’s time plus 6 minutes of
utilities, other power generators, and of the affected electric power clerical time, per employee of the
line-clearance tree trimmers annually. generation, transmission, or distribution utility. In their report, CONSAD had
Of these, about 6.2 million projects are systems, in conjunction with the estimated that on a per-employee basis
performed by utilities and power communication of the relevant results of the cost of conducting a system-wide
assessment would be equivalent to the The cost associated with making a already perform system-wide
cost of 3 hours of an engineer’s time determination regarding the appropriate assessments regarding the available heat
plus 9 minutes of clerical time [2, employee protection, using information energy to which employees may be
Appendix C, pages 13–14]. OSHA from a system-wide assessment, was exposed. For these utilities, no
revised these estimates downwards by estimated as involving resources additional costs would be necessary to
one third to reflect subsequent changes (including labor costs or other achieve compliance with the proposed
to the proposal that reduced the expenditures) equivalent to 3 minutes of standard’s requirement for determining
associated costs.68 For example, for a supervisor time for affected contractors heat energy estimates. [2, Appendix C,
utility with 1,000 employees, the and for each affected project [2, p. 13–14]
estimated annual cost would be Appendix C, pages 13–14]. Among construction contractors,
equivalent to the cost of 2,000 hours of Thus, the estimated average cost determinations regarding appropriate
an engineer’s time plus 6,000 minutes of associated with making a determination employee protection are made for an
clerical time. OSHA requests comments regarding the appropriate employee estimated 25 percent of the projects
on the use and accuracy of this protection, using information from a performed by smaller establishments
approach for purposes of estimating system-wide assessment, was estimated and for an estimated 50 percent of the
these costs. In particular, the Agency to $2 per project. projects performed by larger contractors.
Based on research conducted by For these projects, no additional costs
requests comments on whether
CONSAD, OSHA estimates that the would be necessary to achieve
employers will incur these costs on an
determinations that would be required compliance with the proposed
annual basis or on a one-time basis,
by the proposed standards are already standards. [2, Appendix C, p. 13–14]
with smaller periodic updates.
made for most affected projects. An The total estimated annual cost of
Thus, the estimated average cost estimated 75 percent of the compliance associated with the
associated with conducting a system- establishments of utilities and other proposed requirements regarding the
wide assessment would be about $91 generators with fewer than 20 determinations associated with electric
per system employee. For example, the employees already perform system-wide arc hazards and the corresponding
estimated average annual cost for a assessments regarding the available heat appropriate employee protection was
utility with 100 employees would be energy to which employees may be thus estimated to be $11.0 million, as
$9,100, and the average annual cost for exposed. An estimated 85 percent of the shown in Table V–15. Table V–15 also
a utility with 1,000 employees would be establishments of utilities and other shows the costs of compliance for each
$91,000. generators with 20 or more employees affected industry.
TABLE V–15.—COSTS ASSOCIATED WITH DETERMINING MAXIMUM POTENTIAL HEAT ENERGY AND CORRESPONDING
APPROPRIATE EMPLOYEE PROTECTION
Industry code Industry name formed annu- rate (%) low/
ally high
NAICS 234910 ....... Water, Sewer, and Pipeline Con- 49,019 50 $2 25/50 23,055
struction.
NAICS 234920 ....... Power and Communication Trans- 1,282,310 50 2 25/50 581,517
NAICS 234930 ....... Industrial Nonbuilding Structure 58,790 100 2 25/50 47,048
Construction.
NAICS 234990 ....... All Other Heavy Construction ......... 309,377 75 2 25/50 228,773
NAICS 235310 ....... Electrical Contractors ...................... 939,790 60 2 25/50 611,134
NAICS 235910 ....... Structural Steel Erection Contrac- 15,889 100 2 25/50 16,448
tors.
NAICS 235950 ....... Building Equipment and Other Ma- 14,883 100 2 25/50 15,407
NAICS 235990 ....... All Other Special Trade Contractors 47,250 100 2 25/50 54,532
NAICS 221110 ....... Electric Power Generation .............. 1,894,521 75 (1) 75/85 2,106,375
NAICS 221120 ....... Electric Power Transmission, Con- 3,147,692 55 (1) 75/85 5,900,695
NAICS 2211 ........... Publicly Owned Utilities .................. 422,708 75 (1) 75/85 676,998
Various ................... Industrial Power Generators ........... 687,667 100 (1) 85/85 778,076
SIC 0783 ................ Ornamental Shrub and Tree Serv- 2,251,278 0 ........................ ........................ 0
ices.
Total ................ ......................................................... ........................ ........................ ........................ ........................ 11,040,058

1 Note: Costs for utilities include labor costs for performing system-wide assessments regarding potential arc hazards, estimated as $91 per
utility employee annually. Costs for contractors reflect labor costs for determining appropriate clothing based on information provided by utilities.
Source: CONSAD [1], Table 5.3 and CONSAD [2], Appendix C, pages 13–14, and OSHA estimates.
68 After CONSAD completed its report, OSHA Employers may use the heat exposure levels in assessment for portions of their systems that fall
added tables to the appendices explaining the these tables rather than perform an engineering within the ranges covered by the tables.
proposed protective clothing requirements.
Annual Costs for Providing Flame- A single set of flame-resistant apparel Based on research conducted by
Resistant Apparel (FRA) and Other is estimated to cost about $110, and CONSAD, OSHA estimates that most
Protective Clothing with 8 sets provided for each employee, establishments in all affected industries
the useful life of this apparel is expected already provide employees with flame-
The proposed revisions to the OSHA resistant apparel and other required
to be 4 years. A switching coat or flash
standards addressing electric power protective clothing that fully complies
jacket is estimated to cost about $200
generation, transmission, and with the requirements of the proposed
and to have an expected life of 10 years.
distribution work include revisions to standards. [2, Appendix C, pages 15–16]
[2, Appendix C, p. 15–16]
the requirements addressing the extent For these establishments, no additional
of protective clothing that employees The flame-resistant apparel will
generally be substituted for clothing that costs would be necessary to achieve
must wear. Under the proposed compliance.
standards, affected employers must the employee or the employer would
already be providing. The savings Rates of current compliance with the
provide appropriate protective clothing proposed requirements were estimated
to employees based on the associated with no longer needing to
for each affected industry. Within each
determination of the hazards that the purchase and launder the clothing that
industry, rates of current compliance
employees may face.69 would otherwise be worn by employees
were estimated separately for
The average costs associated with were not included in this analysis.
establishments based on their size.
providing the clothing that would be The flame-resistant apparel provided Among construction contractors, the
necessary to achieve full compliance to employees is generally worn in lieu estimated average rate of current
with the proposed standards were of clothing that would otherwise be compliance for establishments with
estimated as involving resources provided by and cared for by the fewer than 20 employees was 50
equivalent to those associated with the employees themselves, and typically percent. The average rate of current
following illustrative case example. An does not require special laundering. compliance among construction
employer could generally be expected to Thus, the proposed requirement to contractor establishments with 20 or
achieve compliance with the proposed provide flame-resistant apparel would more employees was estimated to be 75
standard’s clothing provisions by not create additional burdens associated percent. Among electric utilities and
purchasing eight sets of flame-resistant with laundering. Employers would not other electric power generators, current
apparel per employee and one switching be required under the proposal to compliance was estimated to be 80
coat or flash jacket for every three launder clothes for employees. To the percent for establishments with fewer
employees. extent that employers choose to begin than 20 employees and 90 percent for
laundering clothes or providing establishments with 20 or more
69 OSHA has not proposed to require employers
laundering services for employees in employees. [2, Appendix C, p. 15–16]
to purchase the FRA needed to meet the clothing- conjunction with providing flame-
related provisions of the proposal. However, for
The total estimated annual cost of
costs purposes, the Agency is assuming that all resistant apparel for them, the cost compliance for providing flame-
costs of purchasing FRA will be borne by would not be attributable to the resistant apparel and other protective
employers. See the discussion of the issue of proposed regulatory requirements, and clothing was thus estimated to be $8.4
whether employers should purchase this clothing in
the discussion of proposed § 1926.960(g)(4) in
any such costs would be regarded as million, as shown in Table V–16. Table
Section IV, Summary and Explanation of Proposed transfers from employers to employees V–16 also shows the costs of
Rule, earlier in this preamble. rather than additional costs to society. compliance for each affected industry.
TABLE V–16.—COSTS ASSOCIATED WITH PROVIDING FLAME-RESISTANT APPAREL (FRA), SWITCHING COATS, AND FLASH JACKETS
Useful life of Useful life of
34916
Switching Cost per

Sets of FRA FRA with 8 switching Compliance Annual
Employees Cost per set coat/flash switching
VerDate jul<14>2003
Industry code Industry name provided per sets/em- coat/flash rate (%) compliance
affected (%) of FRA jacket per coat/flash
employee ployee jacket low/high costs
employee jacket
(years) (years)
NAICS 234910 ...... Water, Sewer, and Pipeline Construction ............................... 100 8 $110 4 0.33 $200 10 50/75 $79,174
NAICS 234920 ...... Power and Communication Transmission Line Construction 100 8 110 4 0.33 200 10 50/75 2,071,169
NAICS 234930 ...... Industrial Nonbuilding Structure Construction ......................... 100 8 110 4 0.33 200 10 50/75 94,957
NAICS 234990 ...... All Other Heavy Construction .................................................. 100 8 110 4 0.33 200 10 50/75 499,701
21:14 Jun 14, 2005

NAICS 235310 ...... Electrical Contractors .............................................................. 100 8 110 4 0.33 200 10 50/75 1,517,936
NAICS 235910 ...... Structural Steel Erection Contractors ...................................... 100 8 110 4 0.33 200 10 50/75 25,664
NAICS 235950 ...... Building Equipment and Other Machine Installation Contrac- 100 8 110 4 0.33 200 10 50/75 24,039
tors.
NAICS 235990 ...... All Other Special Trade Contractors ....................................... 100 8 110 4 0.33 200 10 50/75 76,318
Jkt 205001
NAICS 221110 ...... Electric Power Generation ....................................................... 100 8 110 4 0.33 200 10 80/90 1,224,001
NAICS 221120 ...... Electric Power Transmission, Control, and Distribution .......... 100 8 110 4 0.33 200 10 80/90 2,033,643
NAICS 2211 .......... Publicly Owned Utilities ........................................................... 100 8 110 4 0.33 200 10 80/90 273,101
Various .................. Industrial Power Generators .................................................... 100 8 110 4 0.33 200 10 90/90 444,284
PO 00000
SIC 0783 ............... Ornamental Shrub and Tree Services .................................... 0 .................... .................... .................... .................... .................... .................... .................... 0
Total ............... .................................................................................................. .................... .................... .................... .................... .................... .................... .................... .................... 8,363,987
Source: CONSAD [2], Appendix 1P. 15–16
Frm 00096
Fmt 4701
Sfmt 4702
E:\FR\FM\15JNP2.SGM
15JNP2
Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Proposed Rules
Annual Costs for Providing Harnesses construction contractors, utilities, and for each affected industry. Among
for Fall Protection in Aerial Lifts other electric power generators, an construction contractors and utilities,
The proposal includes provisions estimated 67 percent of the employees current compliance with the
addressing the equipment that must be who perform electric power generation, requirement to provide harnesses was
used as part of fall arrest systems, fall transmission, and distribution work are estimated to be 100 percent. OSHA
restraint systems, and work positioning potentially affected. Among employees already requires the use of harnesses for
systems. Under the proposal, employees in the Ornamental Shrub and Tree fall arrest for construction work. The
in aerial lifts performing work covered Services industry who perform line- average rate of current compliance
by 29 CFR 1910.269 would no longer be clearance tree-trimming operations, an among industrial power generators was
able to use body belts as part of fall estimated 50 percent of the work force estimated to be 75 percent. Among
arrest systems and would be required to would be potentially affected. [2, employees performing line-clearance
use harnesses; belts would still be Appendix C, pages 17–18] tree-trimming operations, current
allowed to be used under certain Based on research conducted by compliance was estimated to be 25
circumstances, as part of work CONSAD, OSHA estimates that many percent for establishments with fewer
positioning systems and fall restraint establishments in all affectd industries than 20 employees and 50 percent for
systems. already provide employees with establishments with 20 or more
The average costs associated with harnesses as required by the applicable employees. [2, Appendix C, p. 17–18]
providing harnesses in lieu of belts were provisions in the proposal [2, Appendix The total estimated annual cost of
estimated to be about $100 per affected C, pages 17–18]. For these compliance for providing harnesses for
employee [2, Appendix C, pages 17–18]. establishments, no additional costs fall protection in aerial lifts was thus
The percentage of the work force that would be necessary to achieve estimated to be $284,000, as shown in
would potentially be affected by the compliance with the proposal. Table V–17. Table V–17 also shows the
proposed regulatory changes was Rates of current compliance with the costs of compliance for each affected
estimated for each industry. For proposed requirements were estimated industry.
TABLE V–17.—COSTS FOR PROVIDING HARNESSES FOR FALL PROTECTION IN AERIAL LIFTS
Incremental Compliance Annual
Employees cost of har-
Industry code Industry name rate (%) compliance
affected (%) ness in lieu low/high costs
of belt
NAICS 234910 ....... Water, Sewer, and Pipeline Construction ................................... 67 $100 100/100 $0
NAICS 234920 ....... Power and Communication Transmission Line Construction ..... 67 100 100/100 0
NAICS 234930 ....... Industrial Nonbuilding Structure Construction ............................ 67 100 100/100 0
NAICS 234990 ....... All Other Heavy Construction ..................................................... 67 100 100/100 0
NAICS 235310 ....... Electrical Contractors .................................................................. 67 100 100/100 0
NAICS 235910 ....... Structural Steel Erection Contractors ......................................... 67 100 100/100 0
NAICS 235950 ....... Building Equipment and Other Machine Installation Contractors 67 100 100/100 0
NAICS 235990 ....... All Other Special Trade Contractors ........................................... 67 100 100/100 0
NAICS 221110 ....... Electric Power Generation .......................................................... 67 100 100/100 0
NAICS 221120 ....... Electric Power Transmission, Control, and Distribution ............. 67 100 100/100 0
NAICS 2211 ........... Publicly Owned Utilities .............................................................. 67 100 100/100 0
Various ................... Industrial Power Generators ....................................................... 67 100 75/75 67,422
SIC 0783 ................ Ornamental Shrub and Tree Services ........................................ 50 100 25/50 216,578
Total ................ ..................................................................................................... .................... .................... .................... 284,000

1 Source: CONSAD [2], Appendix C, p. 17–18.
H. Economic Feasibility and Impacts small establishments (defined as those presented previously in this economic
with fewer than 20 employees) is analysis were compared with industry
This section of the preliminary presented in the following section as revenues and profits to provide an
analysis presents OSHA’s analysis of the part of the Initial Regulatory Flexibility assessment of potential economic
economic impacts of the proposal, and Analysis, as required by the Regulatory
an assessment of the economic impacts.
Flexibility Act.
feasibility of compliance with the In order to assess the nature and Table V–18 presents data on the
requirements imposed by the magnitude of the economic impacts revenues associated with electric power
rulemaking. associated with compliance with the generation, transmission, and
A separate analysis of the potential proposal, OSHA developed quantitative distribution work for each affected
economic impacts on small entities (as estimates of the potential economic industry sector, along with the
defined in accordance with the criteria impact of the requirements on entities corresponding industry profits and the
established by the Small Business in each of the affected industry sectors. estimated costs of compliance in each
Administration (SBA)) and on very The estimated costs of compliance sector.
TABLE V–18.—POTENTIAL ECONOMIC IMPACTS
Comparable in- Comparable in- Costs as a per- Costs as a per-
Industry code Industry name Compliance costs dustry revenues dustry profits cent of revenues cent of profits
NAICS 234910 ............ Water, Sewer, and Pipeline Con- $253,089 $157,458,000 $8,817,648 0.16 2.87
struction.
TABLE V–18.—POTENTIAL ECONOMIC IMPACTS—Continued

Comparable in- Comparable in- Costs as a per- Costs as a per-
Industry code Industry name Compliance costs dustry revenues dustry profits cent of revenues cent of profits
NAICS 234920 ............ Power and Communication Trans- 5,358,702 3,118,256,000 174,622,336 0.17 3.07
NAICS 234930 ............ Industrial Nonbuilding Structure 302,077 1,732,944,000 84,914,256 0.02 0.36
Construction.
NAICS 234990 ............ All Other Heavy Construction ........ 1,663,721 1,033,946,000 50,663,354 0.16 3.28
NAICS 235310 ............ Electrical Contractors ..................... 4,975,533 2,055,435,000 123,326,100 0.24 4.03
NAICS 235910 ............ Structural Steel Erection Contrac- 91,676 119,735,000 6,226,000 0.08 1.47
tors.
NAICS 235950 ............ Building Equipment and Other Ma- 87,741 113,999,000 3,647,968 0.08 2.41
NAICS 235990 ............ All Other Special Trade Contrac- 279,136 160,909,000 7,401,814 0.17 3.77
tors.
NAICS 221110 ............ Electric Power Generation ............. 5,026,324 69,385,043,000 6,730,349,171 0.01 0.07
NAICS 221120 ............ Electric Power Transmission, Con- 11,787,197 176,509,052,000 17,121,378,044 0.01 0.07
NAICS 2211 ................ Publicly Owned Utilities ................. 1,380,186 25,075,725,000 0.01
Various ........................ Industrial Power Generators .......... 1,761,391 2,630,428,000 0.07
SIC 0783 ..................... Ornamental Shrub and Tree Serv- 976,559 2,100,129,000 149,109,159 0.05 0.65
ices.
Total ..................... ........................................................ 33,943,333 284,193,059,000 24,460,456,070 0.01 0.14

Source: CONSAD [2], Table 6.3 and Appendix C, adjusted for revised cost estimates.
As evident from the data presented in demand for the products or services compliance with the requirements of the
Table V–18, the costs of compliance produced and sold by the entity. rule, OSHA expects that societal welfare
with the proposed rulemaking are not Price elasticity of demand refers to the will increase as a result of these
large in relation to the corresponding relationship between changes in the standards, as the benefits achieved
annual financial flows associated with price charged for a product and the clearly and strongly justify the relatively
the regulated activities. The estimated resulting changes in the demand for that small costs necessary. The impacts of
costs of compliance represent about 0.01 product. A greater degree of elasticity of the proposal involve net benefits of over
percent of revenues and 0.14 percent of demand implies that an entity or $100 million that are achieved in a
profits on average across all entities; industry is less able to pass increases in relatively cost-effective manner.
compliance costs do not represent more costs through to its customers in the Second, many of the costs associated
than 0.24 percent of revenues or more form of a price increase and must absorb with the injuries and fatalities resulting
than 4.03 percent of profits in any more of the cost increase through a from the risks addressed by the proposal
affected industry. reduction in profits. have until now been externalized. That
In the case of cost increases that may is, the costs incurred by society to
The economic impact of the proposal be incurred due to the requirements of
is most likely to consist of a small supply certain products and services
the proposal, all businesses within each associated with electric power
increase in prices for electricity, of of the covered industry sectors would be
about 0.01 percent on average. It is generation, transmission, and
subject to the same requirements. Thus, distribution work have not been fully
unlikely that a price increase on the to the extent potential price increases
magnitude of 0.01 percent will reflected in the prices of those products
correspond to costs associated with and services. The costs of production
significantly alter the services achieving compliance with the
demanded by the public or any other have been partly borne by workers who
standards, the elasticity of demand for suffer the consequences associated with
affected customers or intermediaries. If each entity will approach that faced by the activities causing the risks. To the
the compliance costs of the proposal can the industry as a whole. extent that fewer of these costs are
be substantially recouped with such a Given the small incremental increases
externalized, the price mechanism will
minimal increase in prices, there may be in prices potentially resulting from
enable the market to result in a more
little effect on profits. compliance with the proposed
standards and the lack of readily efficient allocation of resources. It
In general, for most establishments, it should be noted that reductions in
would be very unlikely that none of the available substitutes for the products
and services provided by the covered externalities by themselves do not
compliance costs could be passed along necessarily increase efficiency or social
in the form of increased prices. In the industry sectors, demand is expected to
be sufficiently inelastic in each affected welfare unless the costs of achieving the
event that unusual circumstances may reductions are outweighed by the
inhibit even a price increase of 0.01 industry to enable entities to
substantially offset compliance costs associated benefits.
percent to be realized, profits in any of OSHA concludes that compliance
through minor price increases without
the affected industries would be with the requirements of the proposal is
experiencing any significant reduction
reduced by a maximum of about 4 economically feasible in every affected
in total revenues or in net profits.
percent. For the economy as a whole, OSHA industry sector. This conclusion is
In profit-earning entities, compliance expects the economic impact of the based on the criteria established by the
costs can generally be expected to be proposed rulemaking to be both an OSH Act, as interpreted in relevant case
absorbed through a combination of increase in the efficiency of production law.
increases in prices or reduction in of goods and services and an In general, the courts have held that
profits. The extent to which the impacts improvement in the welfare of society. a standard is economically feasible if
of cost increases affect prices or profits First, as demonstrated by the analysis there is a reasonable likelihood that the
depends on the price elasticity of of costs and benefits associated with estimated costs of compliance ‘‘will not
threaten the existence or competitive I. Initial Regulatory Flexibility Analysis (b) The clarification, consolidation, or
structure of an industry, even if it does The Regulatory Flexibility Act, as simplification of compliance and
portend disaster for some marginal amended in 1996, requires the reporting requirements under the rule
firms’’ [United Steelworkers of America preparation of an Initial Regulatory for such small entities;
v. Marshall, 647 F.2d 1189, 1272 (D.C. Flexibility Analysis (IRFA) for certain (c) The use of performance rather than
Cir. 1980)]. As demonstrated by this proposed rules (5 U.S.C. 601–612). design standards; and
preliminary regulatory impact analysis Under the provisions of the law, each (d) An exemption from coverage of
and the supporting evidence, the such analysis shall contain: the rule, or any part thereof, for such
potential impacts associated with 1. A description of the impact of the small entities.
achieving compliance with the proposal proposed rule on small entities; The Regulatory Flexibility Act further
fall far within the bounds of economic 2. A description of the reasons why
states that the required elements of the
feasibility in each industry sector. action by the agency is being
IRFA may be performed in conjunction
OSHA does not expect compliance with considered;
3. A succinct statement of the with or as part of any other agenda or
the requirements of the proposal to analysis required by any other law if
threaten the viability of entities or the objectives of, and legal basis for, the
proposed rule; such other analysis satisfies the relevant
existence or competitive structure of provisions.
any of the affected industry sectors. 4. A description of and, where
feasible, an estimate of the number of 1. Impact of the proposed rule on
In addition, based on an analysis of small entities to which the proposed small entities.
the costs and economic impacts rule will apply; OSHA has analyzed the potential
associated with this rulemaking, OSHA 5. A description of the projected impact of the proposed standards on
preliminarily concludes that the effects reporting, recordkeeping and other small entities, as described below.
of the proposal on international trade, compliance requirements of the
employment, wages, and economic The total annual cost of compliance
proposed rule, including an estimate of with the proposal for small entities is
growth for the United States would be the classes of small entities which will estimated to be $15.2 million [2, Table
negligible. be subject to the requirements and the 5.7]. These costs were calculated by
type of professional skills necessary for provision, by industry, and by size of
Statement of Energy Effects
preparation of the report or record;
establishment, as described in the cost
As required by Executive Order 6. An identification, to the extent
of compliance section of this economic
13211, and in accordance with the practicable, of all relevant Federal rules
which may duplicate, overlap or analysis.
guidance for implementing Executive To assess the potential economic
Order 13211 and with the definitions conflict with the proposed rule; and
7. A description and discussion of any impact of the proposal on small entities,
provided therein as prescribed by the OSHA calculated the ratios of
significant alternatives to the proposed
Office of Management and Budget, compliance costs to profits and to
rule which accomplish the stated
OSHA has analyzed the proposed revenues. These ratios are presented for
objectives of applicable statutes and
standard with regard to its potential to each affected industry in Table V–19.
which minimize any significant
have a significant adverse effect on the OSHA expects that among small entities
economic impact of the proposed rule
supply, distribution, or use of energy. on small entities, including potentially affected by the proposal, the
As a result of this analysis, OSHA has (a) The establishment of differing average increase in prices necessary to
determined that this action is not a compliance or reporting requirements or completely offset the compliance costs
significant energy action as defined by timetables that take into account the would be less than 0.3 percent in each
the relevant OMB guidance. resources available to small entities; affected industry.
TABLE V–19.—POTENTIAL ECONOMIC IMPACTS ON SMALL ENTITIES

Compliance Compliance
Compliance costs as a costs as a
Industry code Industry name costs per percent of percent of
firm sales profits
NAICS 234910 ........... Water, Sewer, and Pipeline Construction ....................................................... $179 0.15 4.27
NAICS 234920 ........... Power and Communication Transmission Line Construction ......................... 1,142 0.16 4.58
NAICS 234930 ........... Industrial Nonbuilding Structure Construction ................................................. 590 0.02 0.30
NAICS 234990 ........... All Other Heavy Construction .......................................................................... 1,377 0.15 2.34
NAICS 235310 ........... Electrical Contractors ...................................................................................... 2,085 0.24 5.31
NAICS 235910 ........... Structural Steel Erection Contractors .............................................................. 89 0.07 1.45
NAICS 235950 ........... Building Equipment and Other Machine Installation Contractors ................... 51 0.08 ....................
NAICS 235990 ........... All Other Special Trade Contractors ............................................................... 79 0.16 3.35
NAICS 221110 ........... Electric Power Generation ............................................................................... 1,917 0.01 0.09
NAICS 221120 ........... Electric Power Transmission, Control, and Distribution .................................. 1,917 0.01 0.09
NAICS 2211 ............... Publicly Owned Utilities ................................................................................... 2,444 0.00 ....................
Various ....................... Industrial Power Generators ............................................................................ 2,655 0.07 ....................
SIC 0783 .................... Ornamental Shrub and Tree Services ............................................................ 545 0.04 0.62
Source: CONSAD [2], Table 6.4, adjusted for revised cost estimates.
Only to the extent that such price event that no costs could be passed percent in most affected industries, and
increases are not possible would there through, the compliance costs could be through an average reduction in profits
be any effect on the average profits of completely absorbed through an average of less than 6 percent in all affected
small entities. Even in the unlikely reduction in profits of less than 3 industries.
In order to further ensure that To assess the potential economic small entities potentially affected by the
potential impacts on small entities were impact of the proposed standards on proposed standards, the average
fully analyzed and considered, OSHA very small entities, OSHA calculated the increase in prices necessary to
also separately examined the potential ratios of compliance costs to profits and completely offset the compliance costs
impacts of the proposed standards on to revenues. These ratios are presented would be 0.4 percent or less in each
very small entities, defined as those for each affected industry in Table V– affected industry.
with fewer than 20 employees. 20. OSHA expects that among very
TABLE V–20.—POTENTIAL ECONOMIC IMPACTS ON VERY SMALL ENTITIES

[Those with fewer than 20 employees]
Compliance Compliance
Compliance costs as a costs as a
Industry code Industry name costs per percent of percent of
firm sales profits
NAICS 234910 ........... Water, Sewer, and Pipeline Construction ....................................................... $131 0.24 4.49
NAICS 234920 ........... Power and Communication Transmission Line Construction ......................... 679 0.28 5.63
NAICS 234930 ........... Industrial Nonbuilding Structure Construction ................................................. 70 0.03 3.43
NAICS 234990 ........... All Other Heavy Construction .......................................................................... 1,236 0.26 31.67
NAICS 235310 ........... Electrical Contractors ...................................................................................... 1,623 0.35 4.84
NAICS 235910 ........... Structural Steel Erection Contractors .............................................................. 72 0.12 11.00
NAICS 235950 ........... Building Equipment and Other Machine Installation Contractors ................... 48 0.13 7.39
NAICS 235990 ........... All Other Special Trade Contractors ............................................................... 74 0.20 6.25
NAICS 221110 ........... Electric Power Generation ............................................................................... 546 0.01 0.09
NAICS 221120 ........... Electric Power Transmission, Control, and Distribution .................................. 392 0.01 0.09
NAICS 2211 ............... Publicly Owned Utilities ................................................................................... 160 0.00 ....................
Various ....................... Industrial Power Generators ............................................................................ .................... .................... ....................
SIC 0783 .................... Ornamental Shrub and Tree Services ............................................................ 664 0.11 1.41
Source: CONSAD [2], Table 6.3, adjusted for revised cost estimates.
Only to the extent that such price Although some of these incidents may The primary objective of the proposed
increases are not possible would there have been prevented with better standards is to provide an increased
be any effect on the average profits of compliance with existing safety degree of occupational safety for
small entities. Even in the unlikely standards, research and analyses employees performing electric power
event that no costs could be passed conducted by OSHA have found that generation, transmission, and
through, the compliance costs could be many preventable injuries and fatalities distribution work. As stated above, an
completely absorbed through an average would continue to occur even if full estimated 116 injuries and 19 fatalities
reduction in profits of 11 percent or less compliance with the existing standards would be prevented annually through
in all affected industries except NAICS were achieved. Without counting compliance with the proposed
2349–90, All Other Heavy Construction. incidents that would potentially have standards in addition to those that may
In the All Other Heavy Construction been prevented with compliance with be prevented through compliance with
industry, the reported profit rate for existing standards, an estimated existing standards.
very small entities is extraordinarily additional 116 injuries and 19 fatalities Another objective of the proposed
low, which causes the compliance costs would be prevented annually through rulemaking is to provide updated, clear,
to appear relatively large in relation to full compliance with the proposed and consistent safety standards
profits. The average costs of compliance standards. regarding electric power generation,
for very small entities in this industry As explained above, additional transmission, and distribution work to
represent less than 0.3 percent of benefits associated with this rulemaking the relevant employers, employees, and
corresponding revenues. OSHA involve providing updated, clear, and interested members of the public. The
anticipates that the compliance costs consistent safety standards regarding proposed updated standards are easier
will be recouped through price electric power generation, transmission, to understand and to apply, and they
increases of less than 0.3 percent, and distribution work to the relevant will benefit employers by facilitating
leaving profits unaffected. OSHA employers, employees, and interested compliance while improving safety.
requests comments regarding the members of the public. The existing The legal basis for the rule is the
estimated economic impacts of the OSHA standards for the construction of responsibility given the Department of
proposed standard on this industry. electric power transmission and Labor through the Occupational Safety
2. A description of the reasons why distribution systems are over 30 years and Health (OSH) Act of 1970. The OSH
action by the agency is being old and inconsistent with the more Act authorizes and obligates the
considered. recently promulgated standards Secretary of Labor to promulgate
Employees performing work involving addressing repair and maintenance mandatory occupational safety and
electric power generation, transmission, work. OSHA believes that the proposed health standards as necessary ‘‘to assure
and distribution are exposed to a variety updated standards are easier to so far as possible every working man
of significant hazards, such as electric understand and to apply and will and woman in the Nation safe and
shock, fall, and burn hazards, that can benefit employers and employees by healthful working conditions and to
and do cause serious injury and death. facilitating compliance while improving preserve our human resources.’’ 29
OSHA estimates that 444 serious safety. U.S.C. 651(b). The legal authority can
injuries and 74 fatalities occur annually 3. Statement of the objectives of, and also be cited as 29 U.S.C. 655(b); 40
among these workers. legal basis for, the proposed rule. U.S.C. 333.
4. Description of and estimate of the contractors (NAICS 2353–10, 2359–10, lines, and equipment. Based on the
number of small entities to which the 2359–50, and 2359–90), firms with definitions of small entities developed
proposed rule will apply. annual revenues of less than $12 million by SBA for each industry, the proposal
OSHA has completed a preliminary are considered to be small businesses. is estimated to potentially affect a total
analysis of the impacts associated with For SIC 0783, Ornamental Shrub and of 12,619 small entities.
this proposal, including an analysis of Tree Services, firms with annual The estimated number of potentially
the type and number of small entities to revenues of less than $5 million are
which the proposed rule would apply. affected small entities in each industry
considered to be small businesses. For is presented in Table V–21. As shown
In order to determine the number of electric utilities (NAICS 2211), the SBA
small entities potentially affected by in this table, of the 12,619 small entities
defines small businesses using power potentially affected, an estimated 2,661
this rulemaking, OSHA used the production or transmission-based
definitions of small entities developed entities are in the Power and
criteria. Specifically, firms that produce Communication Transmission Line
by the SBA for each industry. or transmit less than 4 million megawatt
For the construction industry, SBA Construction industry, an estimated
defines small businesses using revenue- hours annually are considered to be 2,552 entities are in the All Other
based criteria. Specifically, for the four small businesses. Special Trade Contractors industry, an
heavy construction industries (NAICS The proposed standards would estimated 1,577 entities are in the
2349–10, 2349–20, 2349–30, and 2349– primarily impact firms performing Electrical Contractors industry, and an
90), firms with annual revenues of less construction, maintenance, and repair estimated 1,336 entities are in the
than $28.5 million are classified as work on power generation, Electric Power Transmission, Control,
small businesses. For specialty transmission, and distribution facilities, and Distribution industry.
TABLE V–21.—PROFILE OF POTENTIALLY AFFECTED SMALL ENTITIES

Potentially affected
Potentially affected establishments with
Industry code Industry name small entities (SBA fewer than 20 employ-
definitions) ees
NAICS 234910 .......................... Water, Sewer, and Pipeline Construction ................................ 797 629
NAICS 234920 .......................... Power and Communication Transmission Line Construction .. 2,661 2,198
NAICS 234930 .......................... Industrial Nonbuilding Structure Construction ......................... 253 118
NAICS 234990 .......................... All Other Heavy Construction .................................................. 624 571
NAICS 235310 .......................... Electrical Contractors ............................................................... 1,577 1,435
NAICS 235910 .......................... Structural Steel Erection Contractors ...................................... 621 504
NAICS 235950 .......................... Building Equipment and Other Machine Installation Contrac- 714 748
tors.
NAICS 235990 .......................... All Other Special Trade Contractors ........................................ 2,552 2,418
NAICS 221110 .......................... Electric Power Generation ....................................................... 376 902
NAICS 221120 .......................... Electric Power Transmission, Control, and Distribution .......... 1,336 3,203
NAICS 2211 .............................. Publicly Owned Utilities ............................................................ 262 33
Various ...................................... Industrial Power Generators .................................................... 594 0
SIC 0783 ................................... Ornamental Shrub and Tree Services ..................................... 252 100
Total ................................... ................................................................................................... 12,619 12,859

Source: CONSAD [1]. Table 6.2 and Appendix C, pages 1–2.
5. Description of the projected proposal will make the construction and training and job briefings, working near
reporting, recordkeeping and other general industry standards for this type energized parts, deenergizing lines and
compliance requirements of the of work the same. equipment and grounding them for
proposed rule. Existing § 1910.269 contains employee protection, work on
OSHA is proposing to revise the requirements for the maintenance and underground and overhead
standards addressing the work practices operation of electric power generation, installations, work in power generating
to be used, and other requirements to be transmission, and distribution stations and substations, work in
followed, for the operation and installations. Section 29 CFR 1910.269 enclosed spaces, and other special
maintenance of, and for construction is primarily a work-practices standard. conditions and equipment unique to the
work involving, electric power Its requirements are based on generation, transmission, and
generation, transmission, and recognized safe industry practices as distribution of electric energy.
distribution installations. The existing reflected in current national consensus OSHA is also proposing to extend its
rules for this type of work were issued standards covering this type of work, general industry standard on electrical
in 1972 for construction work and in such as the National Electrical Safety protective equipment to the
1994 for work covered by general Code (ANSI/IEEE C2). OSHA construction industry. The current
industry standards. The construction promulgated this standard in 1994. construction standards for the design of
standards, in particular, are out of date Section 29 CFR 1910.269 contains electrical protective equipment, which
and are not consistent with the more provisions intended to protect apply only to electric power
recent, corresponding general industry employees from the most serious transmission and distribution work,
rules for the operation and maintenance hazards they face in performing this adopt several national consensus
of electric power generation, type of work, primarily, those causing standards by reference. The proposed
transmission, and distribution systems. falls, burns, and electric shocks. The new standard would replace the
As described in detail earlier, this requirements in this standard cover incorporation of these out-of-date
consensus standards with a set of preamble, provides further detail employees would be unduly
performance-oriented requirements that regarding the new and revised jeopardized.
are consistent with the latest revisions provisions of the proposed rulemaking Many other specific alternatives to the
of these consensus standards and with in. A description of the classes of small proposed requirements were
the corresponding standard for general entities which would be subject to the considered. Section IV, Summary and
industry. Additionally, OSHA is new and revised requirements, and the Explanation of Proposed Rule, earlier in
proposing new requirements for the safe type of professional skills necessary for this preamble, provides discussion and
use and care of electrical protective compliance with the requirements, is explanation of the particular
equipment to complement the presented in the preceding sections of requirements of the proposal.
equipment design provisions. The new this economic analysis. Other regulatory alternatives
standard, which will apply to all 6. Federal rules which may duplicate, considered were those raised by the
construction work, will update the overlap or conflict with the proposed Small Business Advocacy Review Panel,
existing OSHA industry-specific rule. which was convened for purposes of
standards and will prevent accidents OSHA has not identified any Federal soliciting comments on the proposal
caused by inadequate electrical rules which may duplicate, overlap, or from affected small entities. A
protective equipment. conflict with the proposal, and requests discussion of these alternatives is
As discussed in detail earlier, this comments from the public regarding provided later in this economic
transfer to the construction standards of this issue. analysis.
the existing general industry standards OSHA does not believe that the
Nonregulatory alternatives were also
(electrical protective equipment and 29 proposed provisions on host-contractor
considered in determining the
CFR 1910.269) is not expected to responsibilities duplicate or overlap
appropriate approach to reducing
impose a significant burden on OSHA’s multi-employer citation policy
occupational hazards associated with
employers. Generally, many employers (CPL 02–00–124). Section IV, Summary
doing construction work also do general and Explanation of Proposed Rule,
and distribution work. These
industry work, and thus OSHA believes earlier in this preamble, provides
alternatives were discussed in the
that they would already be following the clarification of the intent and
section of this economic analysis
updated general industry standards in application of the host-contractor
entitled ‘‘Examination of Alternative
all of their work. The proposed requirements and their relationship to
Approaches,’’ earlier in this preamble.
standards for construction are also OSHA’s multi-employer citation policy.
consistent with the latest national It is not OSHA’s intent that the Alternatives Considered and Changes
consensus standards. provisions on host-contractor Made in Response to Comments From
OSHA is also proposing responsibilities would affect in any way Small Entity Representatives and
miscellaneous changes to the two the employer-employee relationship Recommendations From the Small
corresponding general industry under the Fair Labor Standards Act or Business Advocacy Review Panel
standards. These changes address: Class under the Internal Revenue Service
00 rubber insulating gloves; electrical regulations. The OSHA requirements are On May 1, 2003, OSHA convened a
protective equipment made from not intended to establish an employer- Small Business Advocacy Review Panel
materials other than rubber; training for employee relationship with contractors (SBAR Panel or Panel) for this
electric power generation, transmission, or employees of contractors, as defined rulemaking in accordance with the
and distribution workers; host- by the relevant statutes and regulations. provisions of the Small Business
contractor responsibilities; job briefings; 7. Alternatives to the proposed rule Regulatory Enforcement Fairness Act of
fall protection; insulation and working which accomplish the stated objectives 1996 (Pub. L. 104–121), as codified at 5
position of employees working on or of applicable statutes and which U.S.C. 601 et seq.
near live parts; protective clothing; minimize any significant economic The SBAR Panel consisted of
minimum approach distances; impact of the proposed rule on small representatives of OSHA, of the Office
deenergizing transmission and entities. of Information and Regulatory Affairs
distribution lines and equipment; OSHA evaluated many alternatives to (OIRA) in the Office of Management and
protective grounding; operating the proposed standards to ensure that Budget, and of the Office of Advocacy
mechanical equipment near overhead the proposed requirements would within the U.S. Small Business
power lines; and working in manholes accomplish the stated objectives of Administration. The Panel received oral
and vaults. applicable statutes and would minimize and written comments on a draft
These changes to the general industry any significant economic impact of the proposal and a draft economic analysis
standards, because they apply also to proposal on small entities. from small entities that would
construction, would ensure that In developing the proposal, and potentially be affected by this
employers, where appropriate, face especially in establishing compliance or rulemaking. The Panel, in turn,
consistent requirements for work reporting requirements or timetables prepared a written report, which was
performed under the construction and that affect small entities, the resources delivered to the Assistant Secretary for
general industry standards and would available to small entities were taken Occupational Safety and Health [3]. The
further protect employees performing into account. Compliance and reporting report summarized the comments
electrical work covered under the requirements under the proposal received from the small entities, and
general industry standards. The applicable to small entities were included recommendations from the
proposal would also update references clarified, consolidated, and simplified Panel to OSHA regarding the proposal
to consensus standards in 29 CFR to the extent practicable. Wherever and the associated analysis of
1910.137 and 29 CFR 1910.269 and possible, OSHA has proposed the use of compliance costs.
would add a new appendix to help performance rather than design Table V–22 lists each of the
employers comply with the new standards. An exemption from coverage recommendations made by the Panel
clothing provisions. of the rule for small entities was not and describes the corresponding
Section IV, Summary and Explanation considered to be a viable option because answers or changes made by OSHA in
of Proposed Rule, earlier in this the safety and health of the affected response to the issues raised.
TABLE V–22.—PANEL RECOMMENDATIONS AND OSHA RESPONSES

Panel recommendations OSHA responses
1. The Small Entity Representatives (SERs) generally felt that OSHA OSHA revised its economic and regulatory flexibility analysis as appro-
had underestimated the costs and may have overestimated the ben- priate in light of the additional information received from the SERs.
efits in its preliminary economic analysis. The Panel recommends Many of the comments from the SERs asserting deficiencies in the
that OSHA revise its economic and regulatory flexibility analysis as estimates of the compliance costs were the result of differing inter-
appropriate, and that OSHA specifically discuss the alternative esti- pretations of what would have to be done in order to achieve compli-
mates and assumptions provided by SERs and compare them to ance with particular requirements.
OSHA’s revised estimates. Some SERs felt that OSHA had underestimated the time and re-
sources that would be necessary to develop and maintain written
records associated with requirements for making determinations re-
garding training and protective clothing, for documenting employee
training, and for communicating with host employers or contractors
about hazards and appropriate safety practices. OSHA has clarified
that written records are not in fact required to achieve compliance
with these provisions of the proposed standards.
In some cases, the SERs also interpreted the draft requirements asso-
ciated with job briefings, host/contractor responsibilities, and electric
arc hazard calculations in ways that would involve higher compliance
costs than those estimated by OSHA, but that were not consistent
with the way in which OSHA intended for compliance to be achieved.
In these cases, OSHA clarified what would be necessary to comply
with the standards such that the corresponding potential cost and im-
pact concerns raised by the SERs would be alleviated.
With regard to the cost of training that would be necessary for employ-
ees who currently are not covered by the existing training require-
ments in 29 CFR 1910.269, OSHA revised its compliance cost cal-
culations to reflect that an additional 24.75 hours of training per em-
ployee newly covered by the training currently required by 29 CFR
1910.269 would be necessary to comply with the proposed standard
for construction.
The SERs generally indicated that the job briefing requirements of the
proposed standards are generally consistent with current practices,
and that 5 minutes for the additional job briefing requirements per
project would be a reasonable estimate for the amount of time that
would be involved. For purposes of estimating compliance costs with
the proposal in this preliminary analysis, OSHA used estimates of
current compliance of 85 percent to 95 percent, and estimated that 5
minutes of supervisor time and 5 minutes of employee time would be
involved per affected project.
With regard to the cost associated with providing flame resistant ap-
parel to employees, in general the SERs suggested that OSHA’s es-
timate of two sets per employee per year for small establishments,
and five sets per employees every five years for large establish-
ments, was an underestimate. The SERs also gave OSHA broad es-
timates of FRA, ranging from $50 per shirt to $150 for switching
flash jackets. Several SERs agreed that many companies contract
out clothing supplies and laundering with uniform companies. In this
preliminary analysis of compliance costs associated with the require-
ments to provide FRA, OSHA estimates that, on average, 8 sets of
FRA clothing would be provided per employee, and that with 8 sets
per employee the useful life of the FRA would average 4 years. The
cost per set of FRA was estimated to be $110. Laundering costs
were excluded since the FRA is worn in lieu of street clothes, and
laundering would be needed whether the clothing was FRA, street
clothing, or any other type of clothing. Additionally, the proposal does
not require employers to launder the FRA.
For employees who are currently provided the training required by the
existing 29 CFR 1910.269 standard, OSHA notes and has clarified
that training that was deemed sufficient for compliance with 29 CFR
1910.269 will be considered sufficient for compliance with the pro-
posal to allow employers to tailor their training to the risk faced by
employees. OSHA has included, however, the cost of providing 1.5
hours of additional training per employee in the first year for current
employees and 0.75 hours of additional training for new employees
in the estimation of the compliance costs associated with the pro-
posed standards.
TABLE V–22.—PANEL RECOMMENDATIONS AND OSHA RESPONSES—Continued

2. In its economic and RFA analyses, OSHA assumed that all affected OSHA has revised its economic and regulatory flexibility analyses to
firms apply existing 29 CFR 1910.269 to construction related activi- reflect the costs associated with some firms coming into compliance
ties, even though not required to do so. The reason OSHA made this with 29 CFR 1910.269.
assumption is OSHA though that all affected firms are either covered Specifically, OSHA estimated that these firms would incur compliance
solely by 29 CFR 1910, or engage in both 29 CFR 1910 and 29 CFR costs equivalent to those incurred by firms who were affected by the
1926 activities, and find it easiest to adopt the general industry new requirements of 29 CFR 1910.269 when it was originally pro-
standard for all activities. SERs confirmed that most firms do in fact mulgated in 1994.
follow 29 CFR 1910.269. However, they also pointed out that there In addition, OSHA considered the SER comments on training and re-
are some firms that are engaged solely in construction activities and vised its estimate of training costs accordingly. OSHA added a sepa-
thus may not be following the 29 CFR 1910 standards. The Panel rate training cost for firms who are not currently covered by the exist-
recommends that OSHA revise its economic and regulatory flexibility ing training requirements in 29 CFR 1910.269, as presented in the
analyses to reflect the costs associated with some firms coming into compliance cost chapter of this economic analysis.
compliance with 29 CFR 1910.269. The SERs also reported that
compliance training under 29 CFR 1910.269 is extensive. One SER
estimated that in excess of 30 hours per employee is necessary in
the first year. The Panel recommends that OSHA consider the SER
comments on training and revise its estimate of training costs as
necessary.
3. Most SERs were concerned that a ‘‘performance standard’’ such as The proposal would not require employers to maintain records of train-
this means that even in cases where OSHA does not require record- ing. Employees themselves can attest to the training they have re-
keeping, such as for training, many small entities will find record- ceived, and OSHA will determine compliance with the training re-
keeping (1) useful for internal purposes and (2) virtually the only way quirements primarily through employee interviews.
they will be able to demonstrate compliance with the rule. The Panel
recommends that OSHA consider whether recordkeeping is nec-
essary to demonstrate compliance with the standard, and, if not, that
OSHA explicitly discuss ways in which employers can demonstrate
compliance without using recordkeeping.
4. SERs pointed out that the requirements for observation and follow- The proposal would not require host employers to observe contract
up would result in paperwork and reporting requirements not pre- employees. Rather, it would require host employers to report to the
sented in the cost analysis. The Panel recommends that OSHA in- contract employer violations of the standard’s work practice require-
clude such costs and paperwork burdens in its economic analysis as ments by contract employees that the host employer observes in the
appropriate. normal course of conducting their own operations. For example, a
host employer may observe contract employees during a quality con-
trol check of the contractor’s work or while employees of the host
employer are working on a project alongside employees of the con-
tract employer. Consequently, OSHA has not included a cost for
conducting observations.
OSHA has eliminated the draft requirement for the host employer ‘‘to
note any failures of the contract employer to correct such violations,
take appropriate measures to correct the violations, and consider the
contract employer’s failure to correct violations in evaluating the con-
tract employer.’’ The proposal would require the contract employer to
report to the host contractor any measures taken to correct reported
violations. Thus, OSHA has not included costs for the host employer
to follow up to ensure that the contract employer has corrected any
violations.
OSHA has included estimates of the costs of information collection re-
quirements and of the associated paperwork burdens in the paper-
work analysis for the proposal.
5. Several SERs argued that requiring consideration of safety records OSHA has eliminated the draft requirement for the host employer to
would restrict the number of eligible contractors, resulting in both in- obtain and evaluate information on contractors’ safety performance
creased costs and potential impacts on small firms. Several SERs and programs. Consequently, the preliminary regulatory flexibility
also were concerned that the draft requirement would result in the in- analysis does not include costs associated with this draft provision.
creased use of methods such as pre-qualification in the hiring of con- However, the Agency requests comments on the need for such a re-
tractors or would increase reliance on favored contractors; the SERs quirement and on the associated costs and restricted business op-
said that both of these effects could result in increased costs and re- portunities, particularly with respect to small businesses.
stricted business opportunities, especially for small businesses. The
Panel recommends that OSHA study the extent of such costs and
impacts and solicit comment on them.
6. Several SERs questioned OSHA’s estimates of the number of sets OSHA has reexamined its assumptions and cost estimates with regard
of flame resistant clothing an employee would need, and its assump- to the requirements to provide flame-resistant clothing. The com-
tions and cost estimates. The panel recommends that OSHA reex- ments from the SERs and OSHA’s revised estimates are described
amine its assumptions and cost estimates in light of these comments. in response to Panel recommendation 1 above.

7. Many SERs questioned whether the new revisions to 29 CFR OSHA has collected and compiled information from a variety of
1910.269 would in fact save any lives or prevent any accidents. sources to document and support the need for the provisions of the
Some commented that they had never seen an accident that would proposed standards. Data on the fatalities and injuries that have oc-
have been prevented by any of the new provisions. Some SERs sug- curred among the affected work force over the past decade has
gested that OSHA’s analysis might have included fatalities in munic- been analyzed specifically with regard to the effectiveness of both
ipal facilities that may not be covered by the standard. Others sug- the existing and proposed requirements in preventing such incidents.
gested OSHA should discuss the extent to which the existing general This evaluation is summarized in the benefits chapter of this prelimi-
industry standard had resulted in reduced fatalities and injuries, and nary analysis; a detailed explanation of this evaluation is provided in
how this compares with OSHA estimates of how many fatalities and the corresponding research report [1].
injuries would be prevented by the proposal. The Panel recommends In order to quantitatively determine the effectiveness of the existing
that OSHA provide more documentation regarding the sources and and proposed standards in preventing injuries and fatalities, a de-
nature of the anticipated benefits attributed to the draft proposal. The tailed review of the descriptions of accidents was performed. For
estimated benefits should also be reexamined in light of the SER each accident reviewed, the detailed description of the accident,
comments and experiences regarding the perceived effectiveness of along with the citations issued, the nature of the injuries incurred,
the new provisions. In particular, OSHA should focus attention on the and the causes associated with the accident, were analyzed to esti-
benefits associated with the provisions on flame retardant apparel, mate the likelihood that the accident would have been preventable
training, host/contractor responsibilities, and fall protection. under, first, the existing applicable standards, and second, under the
proposed standard. Based on these analyses, CONSAD found that
full compliance with the existing standards would have prevented
52.9 percent of the injuries and fatalities; compliance with the pro-
posed standards, however, would prevent 79.0 percent of the rel-
evant injuries and fatalities. The increase in safety that would be pro-
vided by the proposed standards is represented by the prevention of
an additional 19 fatalities and 116 injuries annually.
In addition, the proposed revisions improve safety by clarifying and up-
dating the existing standards to reflect modern technologies, work
practices, and terminology, and by making the standards consistent
with current consensus standards and other related standards and
documents. By facilitating the understanding of and compliance with
these important safety standards, the proposal also achieves better
protection of employee safety while reducing uncertainty, confusion,
and compliance burdens on employers.
Section IV, Summary and Explanation of Proposed Rule, earlier in this
preamble, includes explanations of the need for, and the expected
benefit associated with particular with, particular provisions of the
proposed standard. In particular, see the summary and explanation
of §§ 1926.950(c) (host-contractor responsibilities), 1926.954(b) (fall
protection), and 1926.960(g) (flame-resistant apparel) for a discus-
sion of the need for and a qualitative explanation of the benefits of
these provisions.
8. There were no comments from the SERs on OSHA’s estimates of As presented in the chapter on compliance costs in this preliminary
the number and type of small entities affected by the proposal. How- analysis, OSHA has revised its analysis, including its estimates of
ever, some SERs pointed out that there may be some small entities baseline activities and its cost estimates, to reflect the possible exist-
that engage in only construction related activities. The Panel rec- ence of some firms that are not currently covered by the existing 29
ommends that OSHA’s estimates of current baseline activities and CFR 1910.269 and that do not comply with these provisions when
OHSA’s cost estimates reflect such firms. performing construction work on electric power generation, trans-
mission, or distribution installations.

9. Most SERs were uncertain about how to comply with performance OSHA has added appendices containing guidelines on the inspection
oriented provisions of the proposal, and further, some felt that addi- of work positioning equipment to assist employers in complying with
tional expenses might be required to be confident that they were in the requirement to conduct such inspections proposed in 29 CFR
compliance with such provisions. The Panel recommends that OSHA 1910.269(g)(2)(iii)(a) and 29 CFR 1926.954(b)(3)(i). The proposal
study and address these issues and consider the use of guidance also includes appendices on clothing in 29 CFR 1910.269 and Sub-
material (e.g. non-mandatory appendices) to describe specific ways part V of 29 CFR Part 1926. These appendices should help employ-
of meeting the standard, which will help small employers comply, ers comply with the clothing provisions proposed in 29 CFR
without making the standard more prescriptive. 1910.269(1)(11) and 29 CFR 1926.960(g).
The proposal also includes many references to consensus standards
that contain information helping employers comply with various provi-
sions of the proposed standards. For example, the note to proposed
29 CFR 1926.957(b) directs empl9yers to the Institute of Electrical
and Electronics Engineers’ IEEE Guide for Maintenance Methods on
Energized Power Lines, IEEE Std. 516–2003 for guidance on the ex-
amination, cleaning, repairing, and in-service testing of live-line tools
to help employers comply with that provision in the OSHA standards.
Lastly, Appendix E to 29 CFR 1910.269 and Appendix E to Subpart
V of 29 CFR Part 1926 contain lists of reference documents to which
employers can turn for help in complying with OSHA’s proposal.
The preamble to the proposed standards and this preliminary analysis
both contain additional descriptions of what would be considered
necessary and sufficient for purposes of achieving compliance with
the requirements of the proposed standards. OSHA requests com-
ments regarding which provisions, if any, require further clarification
on what specific measures would or would not constitute compliance
with the standards.
The Agency also requests comments on what additional guidance ma-
terial is needed to assist employers in complying with the standards.
OSHA also encourages interested parties to submit such guidance
material for possible inclusion in the final rule.
10. Most SERs were highly critical of the host contractor provisions and OSHA has modified the provisions on host-contractor responsibilities
had trouble understanding what OSHA required. If these provisions substantially from the draft requirements reviewed by the SERs. The
are to be retained, the Panel recommends that they be revised. The Agency believes that the changes address the concerns expressed
Panel recommends that OSHA clarify what constitutes adequate con- by the SERs.
sideration of contractor safety performance, clarify what is meant by The summary and explanation of proposed 29 CFR 1926.950(c), ear-
‘‘observation,’’ clarify how the multi-employer citation policy is related lier in the preamble, provides clarification of the intent and applica-
to the proposal, and clarify whether the requirement to communicate tion of the host-contractor requirements and their relationship to
hazards does or does not represent a requirement for the host em- OSHA’s multiemployer citation policy.
ployer to conduct their own risk assessment. The Panel also rec- The proposal includes a requirement in 29 CFR 1910.269(a)(4)(i)(A)(1)
ommends that OSHA examine the extent to which state contractor li- and 29 in CFR 1926.950(c)(1)(i)(A) that host employers inform con-
censing could make the host contractor provisions in the proposal tract employers of known hazards that are covered by the standards,
unnecessary. that are related to the contract employer’s work, and that might not
be recognized by the contract employer or its employees. This provi-
sion does not require host employers to conduct a risk assessment
of the work to be performed by the contract employer. However, pro-
posed 29 CFR 1910.269(a)(4)(i)(A)(2) and 29 CFR
1926.950(c)(1)(i)(B) would require the host employer to provide infor-
mation about the employer’s installation to the contract employer to
enable the contract employer to make the assessments required by
the standards. This change should clarify that OSHA intends for the
contract employer to conduct appropriate hazard identification and
assessment for his or her own employees.
OSHA does not believe that State contractor licensing makes the pro-
posed host-contractor provisions unnecessary. Not all States require
electric power generation, transmission, and distribution contractors
to be licensed. For example, Illinois and New York do not require li-
censing at the State level. (See http://www.electric-find.com/
licnese.htm) Additionally, the States with such licensing requirements
judge primarily the contractors’ ability to install electric equipment in
accordance with State or national installation codes and not their
ability to perform electric power generation, transmission, and dis-
tribution work safely.
11. Some SERs questioned the need for flame resistant clothing be- OSHA has considered these issues in the development of the clothing
yond the existing clothing provisions in 29 CFR 1910.269. Some ar- requirements proposed in 29 CFR 1910.269(1)(11) and 29 CFR
gued that there was a trade-off between possible decreased injuries 1926.960(g), as explained in the summary and explanation of pro-
from burns and heat stress injuries as a result of using flame resist- posed 29 CFR 1926.960(g) earlier in the preamble. In that section of
ant clothing. The Panel recommends that OSHA consider and solicit the preamble, the Agency has solicited comments on a wide range
comments on these issues. of issues related to protection of employees from the hazards posed
by electric arcs.

12. Many SERs were uncertain whether OSHA’s requirements for de- OSHA has revised the clothing requirements in proposed 29 CFR
termining the need for flame resistant clothing would allow the use of 1910.269(1)(11) and 29 CFR 1926.960(g) to provide additional guid-
such methods as (1) ‘‘worst case’’ analysis or (2) specifying min- ance explaining ways an employer can comply. For example, the
imum levels of protection for use when a system does not exceed Agency has included two notes and additional appendix material ex-
certain limits. The Panel recommends that OSHA clarify what meth- plaining how an employer can calculate estimates of available heat
ods are acceptable to meet these requirements, and specify these energy. For additional information, see the summary and explanation
methods in such a way that small entities can be confident that they of proposed 29 CFR 1926.960(g), earlier in the preamble.
have met the requirements of the standards.
13. OSHA made some changes to the training provisions in 29 CFR OSHA believes that the proposed changes to the training requirements
1910.269, including dropping certification requirements and allowing contained in 29 CFR 1910.269 clarify the standard and reduce bur-
training to vary with risk. OSHA stated that both of these changes dens on employers. If employees are trained as required under the
were designed to give the rules a greater performance orientation existing general industry standard, then no additional training would
and to ease compliance. Some SERs felt that these changes might be required by the proposed requirement to provide a level of train-
make compliance more complicated by making it less clear what ing based on the risk to the employer or by the proposal to remove
needs to be done. The panel recommends that OSHA clarify the per- the requirement that training be certified. Moreover, no additional
formance orientation of these changes and consider explaining that costs would be incurred.
existing compliance methods would still be considered adequate Existing 29 CFR 1910.269(a)(2)(vii) already requires employees to
under the new rules. The Panel further recommends that OSHA ex- demonstrate proficiency in the work practices involved. OSHA be-
amine the requirement that employees demonstrate proficiency and lieves that most employers are already complying with this require-
provide examples of how that can be accomplished. The Panel also ment in various ways. For example, some employers have employ-
recommends that OSHA consider the possibility that the proposed ees demonstrate proficiency in climbing after completing a pole
draft may introduce costs to small businesses that are uncertain of climbing class that includes climbing on practice poles as part of the
how to comply with the new performance oriented training provisions. curriculum. In addition, many employers use an apprenticeship pro-
gram, in which journeyman line workers acting as crew leaders ob-
serve trainees over the course of the program. The trainees pass
through the apprenticeship program by successfully completing each
step, demonstrating proficiency in various tasks along the way, until
the trainees reach the journeyman level.
14. Several SERS argued that the proposal placed restrictions on the OSHA has clarified the intent of the proposed changes to the fall pro-
length of the lanyard and that these restrictions were unworkable. tection requirements proposed in 29 CFR 1910.269(g)(2)(i) and (ii) in
The Panel recommends that OSHA clarify the intent of the fall pro- the summary and explanation of those provisions earlier in the pre-
tection provisions. Other SERs argued that fall fatalities from aerial amble.
lifts were either the result of catastrophic failures in which case fall It is easy for an employer to enforce the use of fall arrest equipment,
protection would not have prevented the death, or the result of failure which incorporates a harness, by employees working from aerial lifts.
to use any form of fall arrest or fall restraint. Some SERs argued that It is relatively easy for an employer to observe that an employee is
some workers might find harnesses more awkward than belts and be wearing a harness, which extends over the employee’s shoulders,
less likely to wear them. The Panel recommends that OSHA con- and that a lanyard is attached to the connector between the employ-
sider and solicit comment on these issues. ee’s shoulders and to the anchorage on the boom of the aerial lift.
Body belts, which were the predominant form of protection used in
the time period represented by the accidents, are worn near an em-
ployee’s hips. It is not usually possible to determine whether an em-
ployee in an aerial lift bucket is wearing a body belt or, if he or she
is, whether the lanyard is attached to the D-ring on the body belt. It
would be much easier for an employer to enforce the use of per-
sonal fall arrest equipment than to enforce the use of body belts
even if employees do not want to wear them. Thus, to the extent that
fall injuries are the result of the failure of an employee to use any
form of fall protection equipment, the proposal would help prevent
many of those injuries.
Neither personal fall arrest systems nor work positioning equipment will
protect against catastrophic failure of the boom of an aerial lift; the
employee would fall with the bucket or platform. However, a personal
fall arrest system, and in some cases work positioning equipment,
can protect an employee if the bucket or platform detaches from the
boom as long as the fall protection equipment is attached to the
boom and not to the bucket or platform.
In the hopes of further clarifying the standard, OSHA requests com-
ments on the fall protection issues raised by the SERs.

15. This rule was designed by OSHA to eliminate confusing differences OSHA does not believe that the proposed provisions on host-contractor
between the applicable construction and general industry standards, responsibilities duplicate or overlap the Agency’s multiemployer pol-
by making the standards consistent. Several SERs felt this was a icy. See the summary and explanation of proposed § 1926.950(c)
worthwhile goal. Some SERs felt that the host contractor provisions earlier in this preamble for clarification of the intent and application of
of the rule could result in causing contractor employees to be consid- the host-contractor requirements and their relationship to OSHA’s
ered employees of the host employer under the Fair Labor Stand- multiemployer citation policy.
ards Act and under the Internal Revenue Service regulations. In ad- It is not OSHA’s intent that the provisions on host-contractor respon-
dition, the SERs identified OSHA’s multi-employer citation policy as sibilities would affect in any way of the employer-employee relation-
duplicative and overlapping of the host contractor provisions in the ship under the Fair Labor Standards Act or under the Internal Rev-
proposal. The Panel recommends that, if this provision is retained, enue Service regulations. The OSHA requirements are not intended
OSHA investigate this issue and clarify these provisions to assure to establish an employer-employee relationship with contractors or
that contractor employees do not become direct employees of the employees of contractors, as defined by the relevant statutes and
host employer as a result of complying with possible OSHA require- regulations.
ments.
16. Some SERs were unconvinced about the need for revisions to the OSHA requests comments on the regulatory alternative of extending
existing 29 CFR 1910.269 standard in light of their potential to im- the requirements of 29 CFR 1910.269 to construction, without further
prove safety beyond what compliance with the requirements in exist- modification. Commenters should explain how, if the Agency adopted
ing 29 CFR 1910.269 would achieve. The Panel recommends that this option, it could comply with section 6(b)(8) of the OSHA Act,
OSHA consider and solicit comment on the regulatory alternative of which requires OSHA to explain why a promulgated rule that differs
extending the requirements of 29 CFR 1910.269 to construction, substantially from a national consensus standard will better effec-
without further modification. tuate the purposes of the Act than the national consensus standard.
Furthermore, as explained fully above, OSHA’s analysis preliminarily
finds that the additional changes to both 29 CFR 1910.269 and Sub-
part V will prevent a significant number of fatalities and injuries each
year.
17. The Panel notes that the host/contractor provisions were particu- OSHA has considered these options and has adopted several of them.
larly troublesome for almost all SERs, and that as a result, OSHA The Agency has dropped the draft requirement for host employers to
should provide either some change or provide extensive clarification obtain and evaluate information on contractor safety performance
to these provisions. The Panel recommends that OSHA consider, and programs. OSHA has also eliminated draft provisions that would
analyze, and solicit comment on a variety of alternatives to these have required the host employer to follow up on observed violations.
provisions, including: Instead, the proposal, in 29 CFR 1910.269(a)(4)(ii)(C)(3) and in 29
1. Dropping all or some of these provisions CFR 1926.950(c)(2)(iii)(C), would require the contract employer to
2. Specifying in detail methods that would be considered adequate report what measures the contractor took to correct any violations
for purposes of compliance for those provisions retained and to prevent their recurrence.
3. Changing the provision for consideration of safety performance to OSHA requests comments on whether the changes, along with the ac-
indicate how employers can be sure they have complied with the companying summary and explanation of the proposal, adequately
provision clarify the host-contractor requirements, whether there are other op-
4. Changing the provisions concerning observed violations by: tions that the Agency should consider, and whether the proposed
• Dropping the provision concerning observed violations en- provisions will adequately protect employees.
tirely;
• Changing the provision concerning observed violations to
clearly indicate that ‘‘inspections’’ are not required;
• Minimizing the amount of follow-up and responsibility placed
on the host employer when a violation is observed;
• Requiring only that the contractor be notified of observed vio-
lations (no requirement for subsequent monitoring of evalua-
tion);
• Changing the provision to require observation for the purpose
of determining if the contractor is performing safe work prac-
tices, requiring observed violations to be reported to the con-
tractor (no requirement for subsequent monitoring or evalua-
tion);
• Providing explicit language that line clearance tree trimmers
are not covered by this provision;
• Specifying that only observations made by a ‘‘safety profes-
sional’’ or other individual qualified to identify hazards must be
reported to the contractor
5. Changing the provision for hazard communication to make clear
that the host employer is not required to conduct his or her own
hazard analysis, but only to communicate such hazards of which
the host employer may be aware

18. The Panel recommends that OSHA consider and solicit comment OSHA has considered the options recommended by the panel. The
on two kinds of options with respect flame resistant clothing. First, Agency has adopted the second option suggested by the Panel. Ap-
OSHA should consider the alternative of no further requirements be- pendix F to 29 CFR 1910.269 and Appendix F to 29 CFR Part 1926,
yond existing 29 CFR 1910.269 for the use of flame resistant cloth- Subpart V propose tables that employers may use to estimate avail-
ing. Second, should the draft requirement be retained in some man- able heat energy. Although these tables do not cover every cir-
ner, OSHA should consider and solicit comment on one or a com- cumstance, they do address many exposure conditions found in
bination of alternative means of determining how much protection is overhead electric power transmission and distribution work. Other
needed or required. These alternatives should include: assessment aids are available, and also are listed in Appendix F, for
1. Allowing the employer to estimate the exposure assuming that the other exposure conditions, including typical electric power generation
distance from the employee to the electric arc is equal to the min- exposures. There is less need for an underground assessment aid
imum approach distance since most underground work is performed on deenergized lines.
2. Providing tables showing heat energy for different exposure condi- OSHA has not incorporated any of the other Panel-recommended op-
tions as an alternative assessment method tions into the proposal because the Agency either currently believes
3. Specifying a minimum level of protection for overhead line work that they are not sufficiently protective or has insufficient information
(for example, 10 cal/cm2) for use when the system does not ex- to incorporate them.
ceed certain limits as an alternative to hazard assessment However, the Agency does wish to facilitate compliance with the provi-
4. Allowing the employer to reduce protection when other factors sions proposed in 29 CFR 1910.269(1)(11) and 29 CFR 1926.960(g)
interfere with the safe performance of the work (for example, se- requiring employees to be protected from electric arcs. OSHA also
vere heat stress) after the employer has considered alternative wishes to promulgate a rule that will protect employees from electric
methods of performing the work, including the use live-line tools arcs in the most cost-effective manner possible. The Agency encour-
and deenergizing the lines and equipment, and has found them to ages interested parties to provide information that can help simplify
be unacceptable the rule or make it more cost effective or that can assist in the devel-
5. Allowing employers to base their assessments on a ‘‘worst case opment of compliance assistance materials.
analysis.’’
6. Requiring employers to use appropriate flame retardant clothing
without specifying any assessment method.
19. Some SERs were concerned that the revised training requirements See the response to Panel recommendation 13 above.
complicated the question of demonstrating that training had been
provided, and that the requirement that training be related to the risk
would require additional training, additional documentation, or both.
The Panel recommends that OSHA consider making it clear that em-
ployers that follow the existing training provisions in 29 CFR
1910.269 will be in compliance with the new rules, and that OSHA
clarify alternative methods that would be considered acceptable for
demonstrating adequacy of training and the relation of the training to
risk.
20. In response to comment by some SERs, the Panel recommends OSHA is proposing only one new requirement on job briefings, the re-
that OSHA consider and solicit comment on the issues of whether quirement in 29 CFR 1910.269(c)(1)(i) and in 29 CFR
the additional job briefing requirements are needed and how they 1926.952(a)(1). This provision requires that, in assigning an em-
can be met in situations in which the employee is working at a dis- ployee or a group of employees to perform a job, the employer pro-
tant location. vide the employee in charge of the job with available information
necessary to perform the job safely. The remainder of the changes
to the job briefing requirements in 29 CFR 1910.269(c) simply reor-
ganize the existing provisions into individual paragraphs. (For addi-
tional discussion of this provision, see the summary and explanation
of proposed 29 CFR 1926.952(a)(1) earlier in this preamble.)
The Agency believes that many employers are already providing rel-
evant information about a job when they assign that job to a crew of
employees or to an employee working alone. (For additional discus-
sion of this provision, see the summary and explanation of proposed
29 CFR 1926.952(a)(1) earlier in this preamble.) However, to make
sure that all employers do so, OSHA believes that the standard
should require that the employer provide relevant hazard-related in-
formation to the employees performing the work to the extent the
employer knows, or can reasonably be expected to know, that infor-
mation. It should be noted that this is a requirement to communicate
information, not to gather information. OSHA anticipates that employ-
ers will pass along this information when they assign jobs to employ-
ees. Where the employees are working has no effect on the employ-
er’s ability to communicate the information.
The Agency requests comments on whether the additional job briefing
requirement is necessary and on how this provision can be met for
an employee working at distant locations.

21. All of the affected SERs felt that the provisions of the rule with re- Over the course of the rulemaking, OSHA will examine the issue of
spect to fall restraint systems would make it difficult for a person whether using fall restraint systems to protect employees working
using a fall restraint system to perform the necessary work. The from aerial lifts is workable. In this regard, the Agency requests com-
SERs also raised the possibility of safety problems associated with ments on alternatives to the fall protection requirements proposed in
wearing a safety harness as opposed to a safety belt, such as an in- 29 CFR 1910.269(g)(2) and 29 CFR 1926.954(b) as they relate to
creased likelihood of the harness being snagged and as a result the aerial lifts, including the alternative of making no changes to the rule.
employee being either pulled into a wood chipper while on the OSHA will also explore with manufacturers the nonregulatory option of
ground or pulled out of the bucket when it is lowered. The Panel rec- improving fall protection systems for use in aerial lifts.
ommends that OSHA consider and solicit comment on the alternative
of making no changes to its existing fall protection requirements. If
the provision is retained, OSHA should carefully examine the issue
of whether the fall restraint system requirements in the draft make
use of fall restraint systems unworkable in aerial lifts. OSHA should
also consider the nonregulatory alternative of working with aerial de-
vice manufacturers and aerial device users (for example, electric and
telecommunications utilities, painting and electrical contractors, tree-
trimming firms) in the development of improved fall restraint systems
that are more comfortable than existing systems and maintain the
appropriate degree of protection for employees.
J. References 7. Viscusi, Kip and Aldy, Joseph, ‘‘The on air, water, or soil quality, plant or
1. CONSAD Research Corporation, Value of a Statistical Life: A Critical Review animal life, use of land, or other aspects
‘‘Analytical Support and Data Gathering for of Market Estimates Throughout the World’’, of the environment.
a Preliminary Economic Analysis for The Journal of Risk and Uncertainty, 27:1; 5–
Proposed Standards for Work on Electric 76, 2003. VIII. Unfunded Mandates
Power Generation, Transmission, and 8. U.S. Office of Management and Budget,
Office of Information and Regulatory Affairs, Section 3 of the Occupational Safety
Distribution Lines and Equipment (29 CFR
1910.269 and 29 CFR 1926—Subpart V),’’ ‘‘Progress in Regulatory Reform: 2004 Report and Health Act makes clear that OSHA
2005, prepared for the U.S. Department of to Congress on the Costs and Benefits of cannot enforce compliance with its
Labor, Occupational Safety and Health Federal Regulations and Unfunded Mandates regulations or standards on the U.S.
on State, Local, and Tribal Entities’ government ‘‘or any State or political
Administration, Office of Regulatory
December, 2004.
Analysis under Contract No. J9–F9–0013, subdivision of a State.’’ Under voluntary
Task Order Number 31, Pittsburgh, PA. VI. State Plan Standards agreement with OSHA, some States
2. CONSAD Research Corporation, enforce compliance with their State
‘‘Compliance Cost and Economic Impact The 26 States or territories with
OSHA-approved occupational safety standards on public sector entities, and
Estimates Including All Publicly-owned
and health plans must adopt an these agreements specify that these State
Utilities in OSHA State-plan States and
Excluding Laundering Costs for Flame equivalent amendment or one that is at standards must be equivalent to OSHA
Resistant Apparel (FRA),’’ Memorandum to least as protective to employees within standards. Thus, although OSHA has
the Office of Regulatory Analysis (ORA), 6 months of the publication date of the included compliance costs for the
Occupational Safety and Health final standard. These are: Alaska, affected public sector entities in its
Administration (OSHA), February 25, 2004. analysis of the expected impacts
Arizona, California, Connecticut (for
3. OSHA Small Business Advocacy Review associated with the proposal, the
Panel, ‘‘Report of the Small Business State and local government employees
only), Hawaii, Indiana, Iowa, Kentucky, proposal would not involve any
Advocacy Review Panel on the Draft OSHA
Maryland, Michigan, Minnesota, unfunded mandates being imposed on
Standard for Electric Power Generation,
Transmission, and Distribution,’’ submitted Nevada, New Mexico, New Jersey (for any State or local government entity.
to Mr. John Henshaw, Assistant Secretary for State and local government employees OSHA also concludes that the proposal
Occupational Safety and Health, U.S. only), New York (for State and local would not impose an unfunded
Department of Labor, Occupational Safety government employees only), North mandate on the private sector in excess
and Health Administration, June 27, 2003. Carolina, Oregon, Puerto Rico, South of $100 million in expenditures in any
4. U.S. Office of Management and Budget, one year.
Carolina, Tennessee, Utah, Vermont,
‘‘Informing Regulatory Decisions: 2004 Draft
Report to Congress on the Costs and Benefits Virginia, Virgin Islands, Washington, IX. Federalism
of Federal Regulations and Unfunded and Wyoming.
Mandates on State, Local, and Tribal
OSHA has reviewed this proposed
VII. Environmental Impact Analysis rule in accordance with the Executive
Entities.’’
5. Workers’ Compensation Research The provisions of this proposal have Order on Federalism (Executive Order
Institute, ‘‘WCRI Research Brief, Special been reviewed in accordance with the 13132, 64 FR 43255, August 10, 1999),
Edition,’’ Volume 9, Number 4S, Cambridge, requirements of the National which requires that agencies, to the
MA, December 1993. Also available in OSHA Environmental Policy Act (NEPA) of extent possible, refrain from limiting
Docket S–777, Exhibit 26–1608, and 1969 (42 U.S.C. 4321, et seq.), the State policy options, consult with States
discussed in Exhibit 900, p. IV–56. Council on Environmental Quality prior to taking any actions that would
6. U.S. Environmental Protection Agency. NEPA regulations (40 CFR Parts 1500– restrict State policy options, and take
Guidelines for Preparing Economic Analyses.
EPA 240-R–00–003. September 2000. Internet
1508), and the Department of Labor’s such actions only when there is clear
address: http://yosemite1.epa.gov/ee/epa/ NEPA Procedures (29 CFR Part 11). As constitutional authority and the
eed.nsf/webpages/Guidelines.html; also a result of this review, OSHA has presence of a problem of national scope.
available in OSHA Docket No. H–0054a, determined that the proposed standards The Order provides for preemption of
Exhibit 35–334. will have no significant adverse effect State law only if there is a clear
Congressional intent for the Agency to 1218–0190. Commenters may submit distribution work. The new information
do so. Any such preemption is to be comments on the new collections, as collection requirements, including those
limited to the extent possible. well as the removal of the related to certification of rubber
Section 18 of the OSH Act expresses § 1910.269(a)(2)(vii) training insulated gloves and rubber blankets,
Congress’s intent to preempt State laws certification requirement, under ICR the host employer informing the
where OSHA has promulgated number 1218–0NEW. contract employer of any known job
occupational safety and health The title, description of the need for related hazards that might be present on
standards. A State can avoid preemption and proposed use of the information, the job, the contract employer
on issues covered by Federal standards summary of the collections of communicating all the hazards to his or
only if it submits, and obtains Federal information, description of respondents, her employees, and the use of a permit
approval of, a plan for the development and frequency of response of the that will control access to an enclosed
of such standards and their information collection are described space after it has been determined that
enforcement. 29 U.S.C. 667, Gade v. below with an estimate of the annual the space may endanger the life of
National Solid Wastes Management cost and reporting burden as required by employees, are important tools for
Association, 505 U.S. 88 (1992). § 1320.5(a)(1)(iv). The reporting burden controlling or eliminating hazards faced
Occupational safety and health includes the time for reviewing by employees. The employer’s failure to
standards developed by such Plan States instructions, gathering and maintaining generate and disclose the information
must, among other things, be at least as the data needed, and completing and required in these standards would
effective in providing safe and healthful reviewing the collection of information. significantly affect OSHA’s effort to
employment and places of employment OSHA invites comments on the reduce the number of injuries and
as the Federal standards. Subject to the collection-of-information requirements fatalities related to hazards posed by
statutory limitations of the OSH Act, and the estimated burden hours electric power generation, transmission,
State-Plan States are free to develop and associated with these collections, and distribution work.
enforce their own requirements for including comments on the following: Summary of the Collections of
occupational safety and health • Whether the proposed information- Information: The following are new
protections related to the maintenance collection requirements are necessary collections of information contained in
and construction of electric power for the proper performance of the the Electric Power Generation,
generation, transmission, and Agency’s functions, including whether Transmission, and Distribution
distribution installations. Therefore, the information is useful; Standard for general industry
OSHA concludes that this action does • The accuracy of OSHA’s estimate of (§ 1910.269); the Electric Power
not significantly limit State policy the burden (time and cost) of the Transmission and Distribution Standard
options. information-collection requirements, for construction (§§ 1926.950 through
including the validity of the 1926.968); and the Electrical Protective
X. OMB Review Under the Paperwork
methodology and assumptions used; Equipment Standard for construction
Reduction Act of 1995 • The quality, utility, and clarity of (§ 1926.97).
The proposed revisions of the general the information collected; and
industry and construction standards for • Ways to minimize the burden on Section 1926.97—Electrical Protective
electric power generation, transmission, employers who must comply, for Equipment—Special Requirements.
and distribution and for electrical example, by using automated or other Paragraph (c)(2)(xii) of § 1926.97
protective equipment contain technological techniques for collecting requires the employer to certify that
collection-of-information (paperwork) and transmitting information. equipment has been tested in
requirements that are subject to review Title: Electric Power Transmission accordance with the requirements of
by the Office of Management and and Distribution Standard for paragraphs (c)(2)(iv), (c)(2)(vii)(C),
Budget under the Paperwork Reduction construction (§§ 1926.950 through (c)(2)(viii), (c)(2)(ix), and(c)(2)(xi) of that
Act of 1995 (PRA–95), 44 U.S.C. 3501 et 1926.968); and Electrical Protective section. The certification must identify
seq., and OMB’s regulations at 5 CFR Equipment Standard (§ 1926.97). the equipment that passed the test and
part 1320. The Paperwork Reduction Description and Proposed Use of the the date it was tested. Marking of
Act defines ‘‘collection of information’’ Collections of Information: The equipment and entering the results of
as ‘‘the obtaining, causing to be proposed standards would impose new the tests and the dates of testing onto
obtained, soliciting, or requiring the information collection requirements for logs are two acceptable means of
disclosure to third parties or the public, purposes of the PRA and would remove meeting this requirement.
of facts or opinions by or for an agency, one existing information collection
regardless of form or format * * * (44 requirement. These collection of Section 1926.950, § 1910.269—Host
U.S.C. 3502(3)(A)). OMB is currently information requirements Employer-Contract Employer
reviewing OSHA’s request for approval (§§ 1926.97(c)(2)(xii), 1926.950(c)(1)(i), Responsibilities.
of the proposed collections. 1926.950(c)(1)(ii), 1926.950(c)(2)(iii), Paragraph (c)(1)(i) of § 1926.950 and
The pending Information Collection 1926.953(a), 1910.269(a)(4)(i)(A), paragraph (a)(4)(i)(A) of § 1910.269
Request (ICR) discusses the new 1910.269(a)(4)(i)(B), and require the host employer to inform the
paperwork requirements found in the 1910.269(a)(4)(ii)(C)) are being reviewed contractor of any known hazards that
proposed rule, as well as the removal of by OMB. OSHA is proposing to remove might be related to his work and that
the existing collection of information for the training certification requirement might not be recognized by the
training certification in the Electric contained in § 1910.269(a)(2)(vii) under contractor. The host employer must also
Power Generation, Transmission, and control number 1218–0190. inform the contractor of any information
Distribution Standard These provisions are needed to needed to do assessments required by
(§ 1910.269(a)(2)(vii)) under OMB protect employees against the electric the standard.
Control Number 1218–0190. Since this shock hazards that might be present in Paragraph (c)(1)(ii) of § 1926.950 and
package contains a full discussion of the workplace and against other hazards paragraph (a)(4)(i)(B) of § 1910.269
removing the training certification, that might be present during electric require the host employer to report any
reviewers do not need to obtain ICR power generation, transmission, and observed contract-employer related
violations of the standards to the certifying tests performed on electrical process, and welcomes any pertinent
contract employer. protective equipment. This information data and cost information that will
Paragraph (c)(2)(iii) of § 1926.950 and will provide protection for employees provide it with the best available
paragraph (a)(4)(ii)(C) of § 1910.269 against the electric shock hazards that evidence on which to develop the final
require the contract employer to advise might be present in the workplace. standard.
the host employer of unique hazards Average Time per Response: Time per This section describes the procedures
presented by the contract employer’s response ranges from 5 minutes for the the public must use to submit their
work, unanticipated hazards found host employer to inform a contract comments to the docket in a timely
during the contract employer’s work employer of the hazards to 10 minutes manner, and to schedule an opportunity
that the host employer did not mention, for the contract employer to instruct his to deliver oral testimony and provide
and measures the contractor took to or her employees of the potential documentary evidence at the informal
correct and prevent recurrences of hazards known on the jobsite. public hearings. Comments, notices of
violations reported by the host Total Burden Hours: 122,276. The intention to appear, hearing testimony,
employer. estimated total cost of these burden and documentary evidence will be
hours is approximately $4,800,000. available for inspection and copying at
Section 1926.953—Enclosed Spaces— Estimated Costs (Operating and the OSHA Docket Office. You also
General Maintenance): 0. should read the earlier sections titled
Paragraph (a) of § 1926.953 covers In summary, the new collections of DATES and ADDRESSES for additional
enclosed spaces that may be entered by information (1218–0NEW) will add information on submitting comments,
employees. This paragraph applies to 122,276 hours, while the removal of the documents, and requests to the Agency
routine entry into enclosed spaces. If, training certification will result in a for consideration in this rulemaking.
after the precautions given in reduction of 11,520 hours (1218–0190). Written Comments. OSHA invites
§§ 1926.953 and 1926.965 are taken, the The proposal will yield a net increase of interested parties to submit written data,
hazards remaining in the enclosed space 110,756 hours. views, and arguments concerning this
endanger the life of an entrant or could Interested parties who wish to proposal. In particular, OSHA
interfere with escape from the space, comment on the paperwork encourages interested parties to
then entry into the enclosed space must requirements in this proposal must send comment on the various issues raised in
meet the permit-space entry their written comments to the OSHA the summary and explanation of the
requirements of paragraphs (d) through Docket Office, Docket No. S–215, proposed rule (see Section IV, Summary
(k) of § 1910.146, some of which involve Occupational Safety and Health, Room and Explanation of Proposed Rule,
collections of information aimed at N–2625, 200 Constitution Avenue, NW., earlier in this preamble). When
protecting employees from the hazards Washington, DC 20210, and to the submitting comments, parties must
of entry into confined spaces. These Office of Information and Regulatory follow the procedures specified earlier
provisions contain practices and Affairs, New Executive Office Building, in the sections titled DATES and
procedures to protect employees from Office of Management and Budget, ADDRESSES. The comments must clearly
the hazards of entry into permit- Room 10235, 725 17th Street, NW., identify the provision of the proposal
required confined spaces. Section Washington, DC 20503, Attn: OSHA you are addressing, the position taken
1910.146 already has a control number. Desk Officer (RIN 1218–AB67). The with respect to each issue, and the basis
Agency also encourages commenters to for that position. Comments, along with
Section 1910.269(a)(2)(vii)—Training— include their comments on paperwork supporting data and references, received
Certification. [Amendment] requirements with their other comments by the end of the specified comment
Paragraph (a)(2)(vii) of existing on the proposed rule submitted to period will become part of the
§ 1910.269 requires the employer to OSHA. proceedings record, and will be
certify that each employee has received Copies of the referenced information available for public inspection and
the training required by paragraph collection request are available for copying at the OSHA Docket Office.
(a)(2). This certification must be made inspection and copying in the OSHA Informal Public Hearing. Pursuant to
when the employee demonstrates Docket Office and will be provided to section 6(b)(3) of the Act, members of
proficiency in the work practices persons who request copies by the public will have an opportunity at
involved and must be maintained for telephoning Todd Owen at (202) 693– an informal public hearing to provide
the duration of the employee’s 1941. For electronic copies of the oral testimony concerning the issues
employment. OSHA is proposing to information collection request, contact raised in this proposal. The hearings
remove the certification requirement the OSHA Web page on the Internet at will commence at 10 A.M. on December
contained in § 1910.269(a)(2)(vii). http://www.osha.gov/. 6, 2005. At that time, the presiding
Respondents: Employers who administrative law judge (ALJ) will
construct, install, or repair electric XI. Public Participation—Comments resolve any procedural matters relating
power lines and equipment outside of or and Hearings to the proceeding. The hearings will
on buildings, structures, and other OSHA encourages members of the reconvene on subsequent days at 9 A.M.
premises. See section V, Preliminary public to participate in this rulemaking The legislative history of section 6 of
Regulatory Impact Analysis and Initial by submitting comments on the the OSH Act, as well as OSHA’s
Regulatory Flexibility Analysis, earlier proposal, and by providing oral regulation governing public hearings (29
in this preamble, for the number of testimony and documentary evidence at CFR 1911.15), establish the purpose and
employers (respondents) covered by the the informal public hearing that the procedures of informal public hearings.
proposed collection of information Agency will convene after the comment Although the presiding officer of such
requirements. period ends. In this regard, the Agency hearings is an ALJ, and questioning by
Frequency of Response: On occasion. invites interested parties having interested parties is allowed on crucial
The collections of information involved knowledge of, or experience with, safety issues, the proceeding is informal and
include the host employer related to working on electric power legislative in purpose. Therefore, the
communicating the potentially known generation, transmission, or distribution hearing provides interested parties with
hazards to the contract employer and installations to participate in this an opportunity to make effective and
expeditious oral presentations in the the procedures specified earlier in the decisions as to the content of the final
absence of procedural restraints or rigid sections titled DATES and ADDRESSES. standard. Following certification of the
procedures that could impede or This notice must provide the: Name, record, OSHA will review the proposed
protract the rulemaking process. In address, and telephone number of each provisions in light of all the evidence
addition, the hearing is an informal individual who will provide testimony, received as part of the record, and then
administrative proceeding, rather than and their preferred hearing location; will issue the final rule based on the
adjudicative one in which the technical capacity (for example, the name of the entire record.
rules of evidence would apply, because establishment or organization the
its primary purpose is to gather and individual is representing and the XII. List of Subjects in 29 CFR Parts
clarify information. The regulations that individual’s occupational title and 1910 and 1926
govern public hearings, and the position) in which each individual will Electric power, Fire prevention,
prehearing guidelines issued for this testify; approximate amount of time Hazardous substances, Occupational
hearing, will ensure participants required for each individual’s safety and health, Safety.
fairness and due process, and also will testimony; specific issues each
facilitate the development of a clear, individual will address, including a XIII. Authority and Signature
accurate, and complete record. brief statement of the position that the This document was prepared under
Accordingly, application of these rules individual will take with respect to each the direction of Jonathan L. Snare,
and guidelines will be such that of these issues; and a brief summary of Acting Assistant Secretary of Labor for
questions of relevance, procedure, and any documentary evidence the Occupational Safety and Health, 200
participation generally will favor individual intends to present. Constitution Avenue, NW., Washington,
development of the record. OSHA emphasizes that the hearings DC 20210.
Conduct of the hearing will conform are open to the public, and that This action is taken pursuant to
to the provisions of 29 CFR part 1911, interested parties are welcome to attend. sections 4, 6, and 8 of the Occupational
‘‘Rules of Procedure for Promulgating, However, only a party who files a Safety and Health Act of 1970 (29 U.S.C.
Modifying, or Revoking Occupational complete notice of intention to appear 653, 655, 657), Secretary of Labor’s
Safety and Health Standards.’’ The may ask questions and participate fully Order No. 5–2002 (67 FR 65008), and 29
regulation at 29 CFR 1911.4, in the proceedings. While a party who CFR part 1911.
‘‘Additional or Alternative Procedural did not file a notice of intention to
Requirements,’’ specifies that the appear may be allowed to testify at the Signed at Washington, DC this 7th day of
June, 2005.
Assistant Secretary may, on reasonable hearing if time permits, this
notice, issue alternative procedures to determination is at the discretion of the Jonathan L. Snare,
expedite proceedings or for other good presiding ALJ. Acting Assistant Secretary of Labor.
cause. Although the ALJs who preside Hearing Testimony and Documentary Accordingly, the Occupational Safety
over these hearings make no decision or Evidence. Any party requesting more and Health Administration proposes
recommendation on the merits of than 10 minutes to testify at the that parts 1910 and 1926 of Title 29 of
OSHA’s proposal, they do have the informal public hearing, or who intends the Code of Federal Regulations be
responsibility and authority to ensure to submit documentary evidence at the amended as follows:
that the hearing progresses at a hearing, must provide the complete text
reasonable pace and in an orderly of the testimony and the documentary PART 1910—[AMENDED]
manner. evidence as specified earlier in the
To ensure that interested parties sections titled DATES and ADDRESSES. Subpart I—Personal Protective
receive a full and fair informal hearing The Agency will review each Equipment
as specified by 29 CFR part 1911, the submission and determine if the
ALJ has the authority and power to: information it contains warrants the 1. The authority citation for Subpart
Regulate the course of the proceedings; amount of time requested. If OSHA I of Part 1910 would be revised to read
dispose of procedural requests, believes the requested time is excessive, as follows:
objections, and comparable matters; it will allocate an appropriate amount of Authority: Sections 4, 6, and 8 of the
confine the presentations to matters time to the presentation, and will notify Occupational Safety and Health Act of 1970
pertinent to the issues raised; use the participant of this action, and the (29 U.S.C. 653, 655, 657); Secretary of Labor’s
appropriate means to regulate the reasons for the action, before the Order No. 12–71 (36 FR 8754), 8–76 (41 FR
conduct of the parties who are present hearing. The Agency may limit to 10 25059), 9–83 (48 FR 35736), 1–90 (55 FR
9033), or 5–2002 (67 FR 65008) as applicable,
at the hearing; question witnesses, and minutes the presentation of any and 29 CFR Part 1911.
permit others to question witnesses; and participant who fails to comply Sections 29 CFR 1910.133, 1910.135, and
limit the time for such questioning. At substantially with these procedural 1910.136 also issued under 5 U.S.C. 553.
the close of the hearing, the ALJ will requirements; in such instances, OSHA
establish a post-hearing comment period may request the participant to return for 2. Paragraph (a) of § 1910.136 would
for parties who participated in the questioning at a later time. be revised to read as follows:
hearing. During the first part of this Certification of the Record and Final § 1910.136 Foot protection.
period, the participants may submit Determination after the Informal Public
additional data and information to Hearing. Following the close of the (a) General requirements. The
OSHA; during the second part of this hearing and post-hearing comment employer shall ensure that each affected
period, they may submit briefs, period, the presiding ALJ will certify the employee uses protective footwear
arguments, and summations. record to the Assistant Secretary of when working in areas where there is a
Notice of Intention to Appear to Labor for Occupational Safety and danger of foot injuries due to falling or
Provide Testimony at the Informal Health; the record will consist of all of rolling objects or due to objects piercing
Public Hearing. Interested parties who the written comments, oral testimony, the sole.
intend to provide oral testimony at the and documentary evidence received * * * * *
informal public hearings must file a during the proceeding. However, the 3. Section 1910.137 would be
notice of intention to appear by using ALJ does not make or recommend any amended as follows:
a. Paragraph (a)(1)(ii) and the note ASTM D 178–01el, Standard Specification guide also contains descriptions and
following paragraph (a)(3)(ii)(B) would for Rubber Insulating Matting. photographs of irregularities that can be
be revised to read as follows: ASTM D 1048–99, Standard Specification found in this equipment.
for Rubber Insulating Blankets.
§ 1910.137 Electrical protective equipment. ASTM D 1049–98el, Standard Specification * * * * *
(a) * * * for Rubber Insulating Covers. c. Paragraph (b)(2)(vii) would be
ASTM D 1050–90, Standard Specification revised to read as follows:
(1) * * * for Rubber Insulating Line Hose.
(ii) Each item shall be clearly marked ASTM D 1051–02, Standard Specification * * * * *
as follows: for Rubber Insulating Sleeves. (b) * * *
(A) Class 00 equipment shall be These standards contain specifications for (2) * * *
marked Class 00. conducting the various tests required in
(B) Class 0 equipment shall be marked paragraph (a) of this section. For example, (vii) Protector gloves shall be worn
Class 0. the a-c and d-c proof tests, the breakdown over insulating gloves, except as
(C) Class 1 equipment shall be marked test, the water soak procedure, and the ozone follows:
Class 1. test mentioned in this paragraph are (A) Protector gloves need not be used
(D) Class 2 equipment shall be marked described in detail in the ASTM standards. with Class 0 or Class 00 gloves, under
ASTM F 1236–96, Standard Guide for limited-use conditions, where small
Class 2.
Visual Inspection of Electrical Protective
(E) Class 3 equipment shall be marked Rubber Products, presents methods and
equipment and parts manipulation
Class 3. techniques for the visual inspection of necessitate unusually high finger
(F) Class 4 equipment shall be marked electrical protective equipment made of dexterity.
Class 4. rubber. This guide also contains descriptions
Note to paragraph (b)(2)(vii)(A) of this
(G) Non-ozone-resistant equipment and photographs of irregularities that can be
section: Extra care is needed in the visual
other than matting shall be marked Type found in this equipment.
examination of the glove and in the
I. ASTM F 819–00el, Standard Terminology
avoidance of handling sharp objects.
(H) Ozone-resistant equipment other Relating to Electrical Protective Equipment
than matting shall be marked Type II. for Workers, sets definitions of terms relating
to the electrical protective equipment
(B) Any other class of glove may be
(I) Other relevant markings, such as used for similar work without protector
covered under this section.
the manufacturer’s identification and gloves if the employer can demonstrate
the size of the equipment, may also be * * * * * that the possibility of physical damage
provided. b. A new note would be added to the gloves is small and if the class of
* * * * * following paragraph (b)(2)(ii) to read as glove is one class higher than that
(3) * * * follows: required for the voltage involved.
(ii) * * * * * * * * (C) Insulating gloves that have been
(B) * * * (b) * * * used without protector gloves may not
(2) * * * be reused until they have been tested
Note to paragraph (a) of this section: (ii) * * *
Rubber insulating equipment meeting the under the provisions of paragraphs
following national consensus standards is Note to paragraph (b)(2)(ii) of this section: (b)(2)(viii) and (b)(2)(ix) of this section.
deemed to be in compliance with paragraph ASTM F 1236–96, Standard Guide for Visual * * * * *
(a) of this section: Inspection of Electrical Protective Rubber
American Society for Testing and Materials Products, presents methods and techniques
d. Tables I–2, I–3, I–4, and I–5 would
(ASTM) D 120–02a, Standard Specification for the visual inspection of electrical be revised to read as follows:
for Rubber Insulating Gloves. protective equipment made of rubber. This * * * * *
TABLE I–2.—A–C PROOF-TEST REQUIREMENTS

Maximum proof-test current, mA
(gloves only)
Proof-test
Class of equipment voltage 267-mm 356-mm 406-mm 457-mm
rms V (10.5-in) (14-in) (16-in) (18-in)
glove glove glove glove
00 ......................................................................................... 2,500 8 12 ........................ ........................

0 ........................................................................................... 5,000 8 12 14 16
1 ........................................................................................... 10,000 ........................ 14 16 18
2 ........................................................................................... 20,000 ........................ 16 18 20
3 ........................................................................................... 30,000 ........................ 18 20 22
4 ........................................................................................... 40,000 ........................ ........................ 22 24
TABLE I–3.—D–C PROOF-TEST REQUIREMENTS

Proof-test
Class of equipment voltage
00 ............................................................................................................................................................................................................. 10,000
0 ............................................................................................................................................................................................................... 20,000
1 ............................................................................................................................................................................................................... 40,000
2 ............................................................................................................................................................................................................... 50,000
3 ............................................................................................................................................................................................................... 60,000
TABLE I–3.—D–C PROOF-TEST REQUIREMENTS—Continued

Proof-test
4 ............................................................................................................................................................................................................... 70,000
Note: The d-c voltages listed in this table are not appropriate for proof testing rubber insulating line hose or covers. For this equipment, d-c
proof tests shall use a voltage high enough to indicate that the equipment can be safely used at the voltages listed in Table I–5. See ASTM D
1050–90 and ASTM D 1049–98el for further information on proof tests for rubber insulating line hose and covers, respectively.
TABLE I–4.—GLOVE TESTS—WATER LEVEL 1, 2

A–C proof test D–C proof test
Class of glove
mm in mm in
00 ..................................................................................................................................... 38 1.5 38 1.5

0 ....................................................................................................................................... 38 1.5 38 1.5
1 ....................................................................................................................................... 38 1.5 51 2.0
2 ....................................................................................................................................... 64 2.5 76 3.0
3 ....................................................................................................................................... 89 3.5 102 4.0
4 ....................................................................................................................................... 127 5.0 153 6.0
1 The water level is given as the clearance from the cuff of the glove to the water line, with a tolerance of ±13 mm. (±0.5 in.).
2 If atmospheric conditions make the specified clearances impractical, the clearances may be increased by a maximum of 25 mm. (1 in.).
TABLE I–5.—RUBBER INSULATING EQUIPMENT VOLTAGE REQUIREMENTS

Maximum use Retest volt- Retest volt-
Class of equipment voltage 1 A–C age 2 A–C rms age 2 D–C avg
rms
00 ................................................................................................................................................. 500 2,500 10,000

0 ................................................................................................................................................... 1,000 5,000 20,000
1 ................................................................................................................................................... 7,500 10,000 40,000
2 ................................................................................................................................................... 17,000 20,000 50,000
3 ................................................................................................................................................... 26,000 30,000 60,000
4 ................................................................................................................................................... 36,000 40,000 70,000
1 The maximum use voltage is the A–C voltage (rms) classification of the protective equipment that designates the maximum nominal design
voltage of the energized system that may be safely worked. The nominal design voltage is equal to the phase-to-phase voltage on multiphase
circuits. However, the phase-to-ground potential is considered to be the nominal design voltage:
(1) If there is no multiphase exposure in a system area and if the voltage exposure is limited to the phase-to-ground potential, or
(2) If the electrical equipment and devices are insulated or isolated or both so that the multiphase exposure on a grounded wye circuit is re-
moved.
2 The proof-test voltage shall be applied continuously for at least 1 minute, but no more than 3 minutes.
* * * * * circuit parts shall be capable of passing (3) Leakage current along the surface of the
e. A new paragraph (c) would be a current test when subjected to the tool or equipment.
added to read as follows: highest nominal voltage on which the The conduction current is normally
equipment is to be used. negligible. For clean, dry insulating
* * * * * equipment, the leakage current is small, and
(c) Requirements for other types of (ii) When insulating equipment is the capacitive current predominates.
electrical protective equipment. The tested in accordance with paragraph
following requirements apply to the (c)(2)(i) of this section, the equipment Subpart R—Special Industries
design and manufacture of electrical current may not exceed 1 microampere
protective equipment that is not covered per kilovolt of phase-to-phase applied 4. The authority citation for Subpart
by paragraph (a) of this section: voltage. R would be revised to read as follows:
(1) Voltage withstand. Insulating Authority: Sections 4, 6, and 8 of the
Note 1 to paragraph (c)(2) of this section:
equipment used for the protection of This paragraph applies to equipment that Occupational Safety and Health Act of 1970
employees shall be capable of provides primary insulation of employees (29 U.S.C. 653, 655, 657); Secretary of Labor’s
withstanding, without failure, the from energized parts. It is not intended to Order No. 12–71 (36 FR 8754), 8–76 (41 FR
voltages that may be imposed upon it. apply to equipment used for secondary 25059), 9–83 (48 FR 35736), 1–90 (55 FR
insulation or equipment used for brush 9033), 6–96 (62 FR 111), 5–2002 (67 F.R.
Note to paragraph (c)(1) of this section: 65008) as applicable; 29 CFR part 1911.
Such voltages include transient overvoltages, contact only.
Section 1910.272 also issued under 5
such as switching surges, as well as nominal U.S.C. 553.
line voltage. See Appendix B to § 1910.269 Note 2 to paragraph (c)(2) of this section:
for a discussion of transient overvoltages on For a-c excitation, this current consists of 5. Section 1910.269 would be
electric power transmission and distribution three components:
amended as follows:
systems. (1) Capacitive current because of the
dielectric properties of the insulating a. Paragraphs (a)(2)(i) and (a)(2)(vii)
(2) Equipment current. (i) Protective material itself, would be revised and new paragraphs
equipment used for the primary (2) Conduction current through the volume (a)(2)(ii)(E) and (a)(4) would be added to
insulation of employees from energized of the insulating equipment, and read as follows:
§ 1910.269 Electric power generation, needs to make the assessments required special precautions, energy source
transmission, and distribution. by this section. controls, and personal protective
* * * * * (B) The host employer shall report equipment requirements.
(a) * * * observed contract-employer-related (3) Number of briefings. (i) If the work
(2) Training. (i) All employees shall violations of this section to the contract or operations to be performed during the
be trained as follows: employer. work day or shift are repetitive and
(A) Employees shall be trained in and (ii) Contract employer responsibilities. similar, at least one job briefing shall be
familiar with the safety-related work (A) The contract employer shall ensure conducted before the start of the first job
practices, safety procedures, and other that each of his or her employees is of each day or shift.
safety requirements in this subpart that instructed in the hazards communicated (ii) Additional job briefings shall be
pertain to their respective job to the contract employer by the host held if significant changes, which might
assignments. employer. affect the safety of the employees, occur
(B) Employees shall also be trained in during the course of the work.
and familiar with any other safety Note to paragraph (a)(4)(ii)(A) of this
section: This instruction is in addition to the (4) Extent of briefing. (i) A brief
practices, including applicable discussion is satisfactory if the work
training required by paragraph (a)(2) of this
emergency procedures (such as pole top section. involved is routine and if the
and manhole rescue), that are not employees, by virtue of training and
specifically addressed by this subpart (B) The contract employer shall
ensure that each of his or her employees experience, can reasonably be expected
but that are related to their work and are to recognize and avoid the hazards
necessary for their safety. follows the work practices required by
this section and safety-related work involved in the job.
(C) The degree of training shall be (ii) A more extensive discussion shall
determined by the risk to the employee rules required by the host employer.
(C) The contract employer shall be conducted:
for the task involved. (A) If the work is complicated or
(ii) * * * advise the host employer of:
(E) The recognition of electrical (1) Any unique hazards presented by particularly hazardous, or
hazards to which the employee may be the contract employer’s work, (B) If the employee cannot be
exposed and the skills and techniques (2) Any unanticipated hazards found expected to recognize and avoid the
necessary to control or avoid those during the contract employer’s work hazards involved in the job.
hazards. that the host employer did not mention, Note to paragraph (c)(4) of this section:
and The briefing must always touch on all the
* * * * *
(3) The measures the contractor took subjects listed in paragraph (c)(2) of this
(vii) Demonstration of proficiency.
to correct any violations reported by the section.
The employer shall determine that each
host employer under paragraph
employee has demonstrated proficiency (5) Working alone. An employee
(a)(4)(i)(B) of this section and to prevent
in the work practices involved before working alone need not conduct a job
such violations from recurring in the
that employee is considered as having briefing. However, the employer shall
future.
completed the training required by ensure that the tasks to be performed are
paragraph (a)(2) of this section. * * * * *
b. Paragraph (c) would be revised to planned as if a briefing were required.
Note 1 to paragraph (a)(2)(vii) of this read as follows: * * * * *
section: Though they are not required by this
* * * * * c. The note following paragraph (e)(6)
paragraph, employment records that indicate would be removed and paragraphs
that an employee has successfully completed
(c) Job briefing. (1) Before each job. (i)
In assigning an employee or a group of (e)(7), (e)(8), and (e)(12) would be
the required training are one way of keeping revised to read as follows:
track of when an employee has demonstrated employees to perform a job, the
proficiency. employer shall provide the employee in * * * * *
charge of the job with available (e) * * *
Note 2 to paragraph (a)(2)(vii) of this information necessary to perform the job (7) Attendants. While work is being
section: Employers may rely on an safely. performed in the enclosed space, a
employee’s previous training as long as the person with first aid training meeting
employer: (1) Confirms that the employee has Note to paragraph (c)(1)(i) of this section: paragraph (b) of this section shall be
the job experience appropriate to the work to The information provided by the employer to
be performed, (2) through an examination or the employee in charge is intended to
immediately available outside the
interview, makes an initial determination supplement the training required under enclosed space to provide assistance if
that the employee is proficient in the relevant § 1910.269(a)(2). It may be provided at the a hazard exists because of traffic
safety-related work practices before he or she beginning of the day for all jobs to be patterns in the area of the opening used
performs any work covered by this subpart, performed that day rather than at the start of for entry. That person is not precluded
and (3) supervises the employee closely until each job. The information is also intended to from performing other duties outside
that employee has demonstrated proficiency be general in nature, with work-site specific the enclosed space if these duties do not
in all the work practices he or she will information to be provided by the employee distract the attendant from monitoring
employ. in charge after the crew arrives at the work employees within the space.
site.
* * * * * Note to paragraph(e)(7) of this section: See
(4) Contractors. (i) Host employer (ii) The employer shall ensure that the paragraph (t)(3) of this section for additional
responsibilities. (A) The host employer employee in charge conducts a job requirements on attendants for work in
shall inform contract employers of: briefing meeting paragraphs (c)(2), manholes.
(1) Known hazards that are covered by (c)(3), and (c)(4) of this section with the
this section, that are related to the employees involved before they start (8) Calibration of test instruments.
contract employer’s work, and that each job. Test instruments used to monitor
might not be recognized by the contract (2) Subjects to be covered. The atmospheres in enclosed spaces shall be
employer or its employees; and briefing shall cover at least the kept in calibration and shall have a
(2) Information about the employer’s following subjects: hazards associated minimum accuracy of ±10 percent.
installation that the contract employer with the job, work procedures involved, * * * * *
(12) Specific ventilation requirements. such as, but not limited to, ice, high (2) * * *
If continuous forced air ventilation is winds, the design of the structure (for (i) The employee is insulated from the
used, it shall begin before entry is made example, no provision for holding on energized part (insulating gloves or
and shall be maintained long enough for with hands), or the presence of insulating gloves and sleeves worn in
the employer to be able to demonstrate contaminants on the structure, could accordance with paragraph (l)(3) of this
that a safe atmosphere exists before cause the employee to lose his or her section are considered insulation of the
employees are allowed to enter the work grip or footing. employee from the energized part upon
area. The forced air ventilation shall be which the employee is working
Note 1 to paragraph (g)(2)(iii)(C) of this
so directed as to ventilate the immediate section: This paragraph applies to structures
provided that the employee has control
area where employees are present that support overhead electric power of the part in a manner sufficient to
within the enclosed space and shall generation, transmission, and distribution prevent exposure to uninsulated
continue until all employees leave the lines and equipment. It does not apply to portions of the body), or
enclosed space. portions of buildings, such as loading docks, * * * * *
* * * * * to electric equipment, such as transformers (3) Type of insulation. (i) If the
d. Paragraph (g)(2) would be revised and capacitors, nor to aerial lifts. The duty employee is to be insulated from
to provide fall protection associated with
to read as follows: energized parts by the use of insulating
walking and working surfaces is contained in
* * * * * Subpart M of Part 1926 of this chapter; the gloves (under paragraph (l)(2)(i) of this
(g) * * * duty to provide fall protection associated section), insulating sleeves shall also be
(2) Fall protection. (i) Personal fall with aerial lifts is contained in § 1910.67. used. However, insulating sleeves need
arrest systems shall meet the not be used under the following
requirements of Subpart M of Part 1926 Note 2 to paragraph (g)(2)(iii)(C) of this conditions:
of this Chapter. section: Employees who have not completed (A) If exposed energized parts on
training in climbing and the use of fall which work is not being performed are
Note to paragraph (g)(2)(i) of this section: protection are not considered ‘‘qualified
This paragraph applies to all personal fall
insulated from the employee and
employees’’ for the purposes of this (B) If such insulation is placed from
arrest systems used in work covered by this provision. Unqualified employees (including
section. a position not exposing the employee’s
trainees) are required to use fall protection
any time they are more than 1.2 m (4 ft) upper arm to contact with other
(ii) Body belts and positioning straps energized parts.
above the ground.
for work positioning shall meet the (ii) If the employee is to be insulated
requirements of § 1926.954(b)(2) of this (D) Work positioning systems shall be from energized parts by the use of
Chapter. rigged so that an employee can free fall insulating gloves or insulating gloves
Note to paragraph (g)(2)(ii) of this section:
no more than 0.6 m (2 ft) unless no with sleeves:
This paragraph applies to all work anchorage is available. (A) The insulating equipment shall be
positioning equipment used in work covered (E) Anchorages for work positioning put on in a position where the employee
by this section. equipment shall be capable of cannot reach into the minimum
supporting at least twice the potential approach distance given in paragraph
(iii) The following requirements apply impact load of an employee’s fall or 13.3 (l)(2) of this section; and
to the care and use of personal fall kN (3,000 lbf), whichever is greater. (B) The insulating equipment may not
protection equipment: (F) Unless the snaphook is a locking be removed until the employee is in a
(A) Work positioning equipment shall type and designed specifically for the position where he or she cannot reach
be inspected before use each day to following connections, snaphooks on into the minimum approach distance
determine that the equipment is in safe work positioning equipment may not be given in paragraph (l)(2) of this section.
working condition. Defective equipment engaged: (4) Working position. (i) The employer
may not be used. (1) Directly to webbing, rope, or wire shall ensure that each employee, to the
Note to paragraph (g)(2)(iii)(A) of this rope; extent that other safety-related
section: Appendix G to this section contains (2) To each other; conditions at the worksite permit, works
guidelines for the inspection of work (3) To a D ring to which another in a position from which a slip or shock
positioning equipment. snaphook or other connector is attached; will not bring the employee’s body into
(4) To a horizontal lifeline; or contact with exposed, uninsulated parts
(B) Personal fall arrest systems shall (5) To any object which is
be used in accordance with energized at a potential different from
incompatibly shaped or dimensioned in the employee.
§ 1926.502(d) of this chapter. However, relation to the snaphook such that
the attachment point need not be (ii) If work is performed near exposed
unintentional disengagement could parts energized at more than 600 volts
located as required by § 1926.502(d)(17) occur by the connected object being able
of this chapter if the body harness is but not more than 72.5 kilovolts and if
to depress the snaphook keeper and the employee is not insulated from the
being used as work positioning release itself.
equipment and if the maximum free fall energized parts or performing live-line
* * * * * bare-hand work, the employee shall
distance is limited to 0.6 m (2 ft).
(C) A personal fall arrest system or e. The heading to paragraph (h) would work from a position where the
work positioning equipment shall be be revised to read as follows: employee cannot reach into the
used by employees working at elevated * * * * * minimum approach distance given in
locations more than 1.2 m (4 ft) above (h) Ladders and platforms. * * * paragraph (l)(2) of this section.
the ground on poles, towers, or similar * * * * * * * * * *
structures if other fall protection has not f. Paragraphs (l)(2)(i), (l)(3), (l)(4), and (6) Conductive articles. When work is
been provided. Fall protection (l)(6) would be revised and a new performed within reaching distance of
equipment is not required to be used by paragraph (l)(11) would be added to exposed energized parts of equipment,
a qualified employee climbing or read as follows: the employer shall ensure that each
changing location on poles, towers, or * * * * * employee removes or renders
similar structures, unless conditions, (l) * * * nonconductive all exposed conductive
articles, such as key or watch chains, heat energy just outside a substation feeding (B) The employee’s clothing could be
rings, or wrist watches or bands, unless a radial distribution system and use that ignited by flammable material in the
such articles do not increase the hazards estimate for all jobs performed on that radial work area that could be ignited by an
associated with contact with the system. electric arc, or
energized parts. (C) The employee’s clothing could be
(iii) The employer shall ensure that ignited by molten metal or electric arcs
* * * * * each employee who is exposed to
(11) Clothing. (i) The employer shall from faulted conductors in the work
hazards from electric arcs does not wear area.
assess the workplace to determine if
clothing that could melt onto his or her
each employee is exposed to hazards Note to paragraph (l)(11)(iv)(C) of this
skin or that could ignite and continue to
from flames or from electric arcs. section: This paragraph does not apply to
(ii) For each employee exposed to burn when exposed to the heat energy
estimated under paragraph (l)(11)(ii) of conductors that are capable of carrying,
hazards from electric arcs, the employer without failure, the maximum available fault
shall make a reasonable estimate of the this section.
current for the time the circuit protective
maximum available heat energy to Note to paragraph (l)(11)(iii) of this devices take to interrupt the fault.
which the employee would be exposed. section: Clothing made from the following
types of fabrics, either alone or in blends, is (v) The employer shall ensure that
Note 1 to paragraph (l)(11)(ii) of this prohibited by this paragraph, unless the each employee who is exposed to
section: Appendix F to this section provides hazards from electric arcs wears
employer can demonstrate that the fabric has
guidance on the estimation of available heat clothing with an arc rating greater than
been treated to withstand the conditions that
energy.
may be encountered or that the clothing is or equal to the heat energy estimated
Note 2 to paragraph (l)(11)(ii) of this worn in such a manner as to eliminate the under paragraph (l)(11)(ii) of this
section: This paragraph does not require the hazard involved: acetate, nylon, polyester, section.
employer to estimate the heat energy rayon.
exposure for every job task performed by Note to paragraph (l)(11) of this section:
each employee. The employer may make (iv) The employer shall ensure that an See Appendix F to this section for further
broad estimates that cover multiple system employee wears clothing that is flame information on the selection of appropriate
areas provided the employer uses reasonable clothing.
resistant under any of the following
assumptions about the energy exposure conditions: * * * * *
distribution throughout the system and
provided the estimates represent the (A) The employee is subject to contact g. Table R–6 would be revised to read
maximum exposure for those areas. For with energized circuit parts operating at as follows:
example, the employer could estimate the more than 600 volts, * * * * *
TABLE R–6—A–C LIVE-LINE WORK MINIMUM APPROACH DISTANCE

Distance
Nominal voltage in kilovolts phase to phase Phase-to-ground exposure Phase-to-phase exposure
m ft-in m ft-in
0.051 to 0.300 1
................................................................................................ Avoid Contact Avoid Contact
0.301 to 0.750 1 ................................................................................................ 0.31 1–0 0.31 1–0
0.751 to 15.0 .................................................................................................... 0.65 2–2 0.67 2–3
15.1 to 36.0 ...................................................................................................... 0.77 2–7 0.86 2–10
36.1 to 46.0 ...................................................................................................... 0.84 2–9 0.96 3–2
46.1 to 72.5 ...................................................................................................... 1.00 3–3 1.20 3–11
72.6 to 121 ....................................................................................................... 0.95 3–2 1.29 4–3
138 to 145 ........................................................................................................ 1.09 3–7 1.50 4–11
161 to 169 ........................................................................................................ 1.22 4–0 1.71 5–8
230 to 242 ........................................................................................................ 1.59 5–3 2.27 7–6
345 to 362 ........................................................................................................ 2.59 8–6 3.80 12–6
500 to 550 ........................................................................................................ 3.42 11–3 5.50 18–1
765 to 800 ........................................................................................................ 4.53 14–11 7.91 26–0
1 For single-phase systems, use the voltage to ground.
Note 1: These distances take into consideration the highest surge an employee will be exposed to on any system with air as the insulating
medium and the maximum voltages shown.
Note 2: The clear live-line tool distance shall equal or exceed the values for the indicated voltage ranges.
Note 3: See Appendix B to this section for information on how the mimimum approach distances listed in the tables were derived.
* * * * * The independent crews shall coordinate (4) Protective grounding equipment.

h. Paragraph (m)(3)(viii) would be deenergizing and reenergizing the lines (i) Protective grounding equipment shall
revised to read as follows: or equipment if there is no system be capable of conducting the maximum
* * * * * operator in charge of the lines or fault current that could flow at the point
(m) * * * equipment. of grounding for the time necessary to
(3) * * * * * * * * clear the fault.
(viii) If two or more independent i. Paragraphs (n)(4), (n)(6), and (n)(7) (ii) If the protective grounding
crews will be working on the same lines would be revised to read as follows: equipment required under paragraph
or equipment, each crew shall (n)(4)(i) of this section would be larger
* * * * *
independently comply with the than the conductor to which it is
requirements in this paragraph (m)(3). (n) * * * attached, this equipment may be
reduced in size provided that it is sized through Table R–10 are maintained from employees may enter the manhole or
and placed so that: exposed energized lines and equipment. vault provided they are protected from
(A) The conductor being grounded However, the insulated portion of an the possible effects of a failure by
will fail before the protective grounding aerial lift operated by a qualified shields or other devices that are capable
equipment, employee in the lift is exempt from this of containing the adverse effects of a
(B) The conductor is only considered requirement if the applicable minimum fault.
as grounded where it is protected approach distance is maintained Note to paragraph (t)(7)(i) of this section:
against failure by the protective between the uninsulated portions of the Abnormalities such as oil or compound
grounding equipment, and aerial lift and exposed objects at a leaking from cable or joints, broken cable
(C) No employees would be different potential. sheaths or joint sleeves, hot localized surface
endangered by the failed conductor. * * * * * temperatures of cables or joints, or joints that
(iii) This equipment shall have an are swollen beyond normal tolerance are
k. Paragraphs (t)(3), (t)(7), and (t)(8) presumed to lead to or be an indication of an
ampacity greater than or equal to that of would be revised to read as follows:
No. 2 AWG copper. impending fault.
(iv) Protective grounds shall have an * * * * *
(ii) If the work being performed in a
impedance low enough so that they do (t) * * *
manhole or vault could cause a fault in
not delay the operation of protective (3) Attendants for manholes and
a cable, that cable shall be deenergized
devices in case of accidental energizing vaults. (i) While work is being
before any employee may work in the
of the lines or equipment. performed in a manhole or vault
manhole or vault, except when service
containing energized electric
Note to paragraph (n)(4) of this section: load conditions and a lack of feasible
equipment, an employee with first aid
Guidelines for protective grounding alternatives require that the cable
and CPR training meeting paragraph
equipment are contained in American remain energized. In that case,
(b)(1) of this section shall be available
Society for Testing and Materials Standard employees may enter the manhole or
on the surface in the immediate vicinity
Specifications for Temporary Protective vault provided they are protected from
Grounds to Be Used on De-Energized Electric of the manhole or vault entrance to
the possible effects of a failure by
Power Lines and Equipment, ASTM F 855– render emergency assistance.
shields or other devices that are capable
03. (ii) Occasionally, the employee on the
of containing the adverse effects of a
surface may briefly enter a manhole or
* * * * * fault.
vault to provide assistance, other than (8) Sheath continuity. When work is
(6) Order of connection. When a emergency.
ground is to be attached to a line or to performed on buried cable or on cable
equipment, the ground-end connection Note 1 to paragraph (t)(3)(ii) of this in a manhole or vault, metallic sheath
shall be attached first, and then the section: An attendant may also be required continuity shall be maintained or the
other end shall be attached by means of under paragraph (e)(7) of this section. One cable sheath shall be treated as
person may serve to fulfill both requirements. energized.
a live-line tool. For lines or equipment
However, attendants required under
operating at 600 volts or less, insulating paragraph (e)(7) of this section are not
* * * * *
equipment other than a live-line tool permitted to enter the manhole or vault.
l. In the Notes following paragraphs
may be used if the employer ensures (u)(1), (u)(5)(i), (v)(3), and (v)(5)(i),
that the line or equipment is not Note 2 to paragraph (t)(3)(ii) of this ‘‘ANSI C2–1987’’ would be revised to
energized at the time the ground is section: Employees entering manholes or read ‘‘ANSI C2–2002’’ wherever it
connected or if the employer can vaults containing unguarded, uninsulated appears.
demonstrate that each employee would energized lines or parts of electric equipment m. Definitions of ‘‘Contract
operating at 50 volts or more are required to employer,’’ ‘‘Entry,’’ and ‘‘Host
be protected from hazards that may
be qualified under paragraph (l)(1) of this employer’’ would be added, in
develop if the line or equipment is section.
energized. alphabetical order, to § 1910.269(x), to
(7) Order of removal. When a ground (iii) For the purpose of inspection, read as follows:
is to be removed, the grounding device housekeeping, taking readings, or * * * * *
shall be removed from the line or similar work, an employee working (x) * * *
equipment using a live-line tool before alone may enter, for brief periods of Contract employer. An employer who
the ground-end connection is removed. time, a manhole or vault where performs work covered by this section
For lines or equipment operating at 600 energized cables or equipment are in for a host employer.
volts or less, insulating equipment other service, if the employer can demonstrate * * * * *
than a live-line tool may be used if the that the employee will be protected Entry (as used in paragraph (e) of this
employer ensures that the line or from all electrical hazards. section). The action by which a person
equipment is not energized at the time (iv) Reliable communications, through passes through an opening into an
the ground is disconnected or if the two-way radios or other equivalent enclosed space. Entry includes ensuing
employer can demonstrate that each means, shall be maintained among all work activities in that space and is
employee would be protected from employees involved in the job. considered to have occurred as soon as
hazards that may develop if the line or * * * * * any part of the entrant’s body breaks the
equipment is energized. (7) Protection against faults. (i) Where plane of an opening into the space.
* * * * * a cable in a manhole or vault has one * * * * *
j. Paragraph (p)(4)(i) would be revised or more abnormalities that could lead to Host employer. An employer who
to read as follows: or be an indication of an impending operates and maintains an electric
* * * * * fault, the defective cable shall be power generation, transmission, or
(p) * * * deenergized before any employee may distribution installation covered by this
(4) Operations near energized lines or work in the manhole or vault, except section and who hires a contract
equipment. (i) Mechanical equipment when service load conditions and a lack employer to perform work on that
shall be operated so that the minimum of feasible alternatives require that the installation.
approach distances of Table R–6 cable remain energized. In that case, * * * * *
n. A new Appendix F would be added TABLE 7.—METHODS OF CALCULATING The standard permits an employer to make
to § 1910.269 to read as follows: INCIDENT HEAT ENERGY FROM AN broad estimates of available heat energy
* * * * * covering multiple system areas using
ELECTRIC ARC reasonable assumptions about the energy
Appendix F to Section 1910.269— exposure distribution. For example, the
1. Standard for Electrical Safety Require-
Clothing employer can use the maximum fault current
ments for Employee Workplaces, NFPA
and clearing time to cover several system
I. Introduction 70E–2004, Annex D, ‘‘Sample Calculation
of Flash Protection Boundary.’’ areas at once. Table 8 presents estimates of
Paragraph (1)(11) of § 1910.269 addresses available energy for different parts of an
clothing worn by an employee. This 2. Doughty, T.E., Neal, T.E., and Floyd II,
H.L., ‘‘Predicting Incident Energy to Better electrical system operating at 4 to 46 kV. The
paragraph requires employers to: (1) Assess table is for open-air, phase-to-ground electric
the workplace for flame and arc hazards Manage the Electric Arc Hazard on 600 V
Power Distribution Systems,’’ Record of arc exposures typical for overhead systems
(paragraph (1)(11)(i)); (2) estimate the
Conference Papers IEEE IAS 45th Annual operating at these voltages. The table
available heat energy from electric arcs to
Petroleum and Chemical Industry Con- assumes that the employee will be 380
which employees could be exposed
ference, September 28–30, 1998. millimeters (15 in.) from the electric arc,
(paragraph (1)(11)(ii)), (3) ensure that
3. Guide for Performing Arc Flash Hazard which is a reasonable estimate for rubber
employees wear clothing that has an arc
Calculations, IEEE 1584–2002. glove work. To use the table, an employer
rating greater than or equal to the available
4. Heat Flux Calculator, a free software pro- would use the voltage, maximum fault
heat energy (paragraph (1)(11)(v)), (4) ensure
gram created by Alan Privette (widely current, and maximum clearing time for a
that employees wear clothing that could not
available on the Internet). system area and select the appropriate heat
melt or ignite and continue to burn in the
5. ARCPRO, a commercially available soft- energy (5, 8, or 12 calories) from the table.
presence of electric arcs to which an
ware program developed by Kinectrics, To-
employee could be exposed (paragraph For example, an employer might have a
ronto, ON, CA.
(1)(11)(iii)), and (5) ensure that employees 12,470-volt power line supplying a system
wear flame-resistant clothing 1 under certain area. The power line can supply a maximum
The amount of heat energy calculated by
conditions (paragraph (1)(11)(iv)). This fault current of 8 kiloamperes with a
any of the methods is approximately directly
appendix contains information to help maximum clearing time of 10 cycles. This
proportional to the square of the distance
employers estimate available heat energy as system falls in the 4.0-to-15.0-kV range; the
between the employee and the arc. In other
required by § 1910.269(1)(11)(ii), select fault current is less than 10 kA (the second
words, if the employee is very close to the
clothing with an arc rating suitable for the row in that voltage range); and the clearing
arc, the heat energy is very high; but if he or
available heat energy as required by time is under 14.5 cycles (the first column to
she is just a few more centimeters away, the
§ 1910.269(1)(11)(v), and ensure that
heat energy drops substantially. Thus, the right of the fault current column). Thus,
employees do not wear flammable clothing
estimating the distance from the arc to the the available heat energy for this part of the
that could lead to burn injury as addressed
by §§ 1910.269(1)(11)(iii) and (1)(11)(iv). employee is key to protecting employees. system will be 5 calories or less (from the
In estimating available heat energy, the column heading), and the employer could
II. Protection Against Burn Injury employer must make some reasonable select clothing with a 5-calorie rating to meet
assumptions about how far the employee will § 1910.269(l)(11)(v).
A. Estimating Available Heat Energy
be from the electric arc. In some instances, Table 9 presents similar estimates for
The first step in protecting employees from such as during some work performed using systems operating at voltages of 46.1 to 800
burn injury resulting from an electric arc is live-line tools, the employee will be at least kV. This table is also for open-air, phase-to-
to estimate the potential heat energy if an arc the minimum approach distance from an ground electric arc exposures typical for
does occur. There are various methods of energized part. However, in this situation,
calculating values of available heat energy overhead systems operating at these voltages.
the arc could still extend towards the The table assumes that the arc length will be
from an electric circuit. These methods are employee. Thus, in this case, a reasonable
listed in Table 7. Each method requires the equal to the sparkover distance 3 and that the
estimate of the distance between the
input of various parameters, such as fault employee will be a distance from the arc
employee and the arc would be the minimum
current, the expected length of the electric equal to the minimum approach distance
approach distance minus twice the sparkover
arc, the distance from the arc to the distance.2 minus twice the arc length.
employee, and the clearing time for the fault In other cases, as during rubber glove work, The employer will need to use other
(that is, the time the circuit protective parts of the employee’s body will be closer methods for estimating available heat energy
devices take to open the circuit and clear the to an energized part than the minimum in situations not addressed by Table 8 or
fault). Some of these parameters, such as the approach distance. An employee’s chest will Table 9. The calculation methods listed in
fault current and the clearing time, are be about 380 millimeters (15 in.) from an Table 7 will help employers do this. In
known quantities for a given system. Other energized conductor during rubber glove addition, employers can use Table
parameters, such as the length of the arc and work on that conductor. Because there 130.7(C)(9)(a), Table 130.7(C)(10), and Table
the distance between the arc and the should not be any surfaces at a potential 130.7(C)(11) of NFPA 70E–2004 to estimate
employee, vary widely and can only be other than the conductor between the the available heat energy (and to select
estimated. employee and the conductor, it is reasonable appropriate protective clothing) for many
to assume that the arc will not extend situations not addressed in the tables in this
1 Flame-resistant clothing includes clothing that towards the employee. Thus, in this appendix, including lower-voltage, phase-to-
is inherently flame resistant and clothing that has situation, it would be reasonable to use 380 phase arc, and enclosed arc exposures.
been chemically treated with a flame retardant. (See millimeters (15 in.) as the distance between
ASTM F1506–02a, Standard Performance the employee and the arc.
Specification for Textile Materials for Wearing 3 The dielectric strength of air is about 10 kV for
Apparel for Use by Electrical Workers Exposed to every 25.4 mm (1 in.). Thus, the arc length can be
Momentary Electric Arc and Related Thermal 2 The sparkover distance equals the shortest estimated to be the phase-to-ground voltage divided
Hazards.) possible arc length. by 10.
TABLE 8.—AVAILABLE HEAT ENERGY FOR VARIOUS FAULT CURRENTS, CLEARING TIMES, AND
VOLTAGES OF 4.0 TO 46.0 KV
5-cal max- 8-cal max- 12-cal max-
Voltage range Fault current imum clearing imum clearing imum clearing
(kV) (kV) time time time
(cycles) (cycles) (cycles)
4.0 to 15.0 ........................................................................................................ 5 37.3 59.6 89.4

10 14.5 23.2 34.8
15 8.0 12.9 19.3
20 5.2 8.3 12.5
15.1 to 25.0 ...................................................................................................... 5 34.5 55.2 82.8
10 14.2 22.7 34.1
15 8.2 13.2 19.8
20 5.5 8.8 13.2
25.1 to 36.0 ...................................................................................................... 5 16.9 27.0 40.4
10 7.1 11.4 17.1
15 4.2 6.8 10.1
20 2.9 4.6 6.9
36.1 to 46.0 ...................................................................................................... 5 13.3 21.2 31.9
10 5.7 9.1 13.7
15 3.5 5.6 8.4
20 2.5 4.0 6.0
Notes:
(1) This table is for open-air, phase-to-ground electric arc exposures. It is not intended for phase-to-phase arcs or enclosed arcs (arc in a box).
(2) The table assumes that the employee will be 380 mm (15 in.) from the electric arc. The table also assumes the arc length to be the
sparkover distance for the maximum voltage of each voltage range, as follows:
4.0 to 15.0 kV 51 mm (2 in.).
15.1 to 25.0 kV 102 mm (4 in.).
25.1 to 36.0 kV 152 mm (6 in.).
36.1 to 46.0 kV 229 mm (9 in.).
VOLTAGES OF 46.1 TO 800 KV
(kV) (kV) time time time
46.1 to 72.5 ...................................................................................................... 20 10.6 17.0 25.5

30 6.6 10.5 15.8
40 4.6 7.3 11.0
50 3.4 5.5 8.3
72.6 to 121 ....................................................................................................... 20 10.3 16.5 24.7
30 5.9 9.4 14.1
40 3.9 6.2 9.3
50 2.7 4.4 6.6
138 to 145 ........................................................................................................ 20 12.2 19.5 29.3
30 7.0 11.2 16.8
40 4.6 7.4 11.1
50 3.3 5.3 7.9
161 to 169 ........................................................................................................ 20 11.6 18.6 27.9
30 7.2 11.5 17.2
40 5.0 8.0 12.0
50 3.8 6.0 9.0
230 to 242 ........................................................................................................ 20 13.0 20.9 31.3
30 8.0 12.9 19.3
40 5.6 9.0 13.5
50 4.2 6.8 10.1
345 to 362 ........................................................................................................ 20 28.3 45.3 67.9
30 17.5 28.1 42.1
40 12.2 19.6 29.4
50 9.2 14.7 22.1
500 to 550 ........................................................................................................ 20 23.6 37.8 56.7
30 14.6 23.3 35.0
40 10.2 16.3 24.4
50 7.6 12.2 18.3
765 to 800 ........................................................................................................ 20 54.5 87.3 130.9
30 33.7 53.9 80.9
40 23.6 37.8 56.7
50 17.8 28.4 42.6
Notes:
(1) This table is for open-air, phase-to-ground electric are exposures. It is not intended for phase-to-phase arcs or enclosed arcs (arc in a box)
(2) The table assumes that the arc length will be the phase-to-ground voltage divided by 10 and that the distance from the arc to the employee
is the minumum approach distance minus twice the arc length.
B. Selecting protective clothing exposed to the corresponding range of conditions. Therefore, it is possible that an
Table 10 presents protective clothing calculated incident heat energy from an employee will sustain a second-degree or
electric arc. It should be noted that actual worse burn wearing clothing conforming to
guidelines for exposure to electric arcs.
electric arc exposures may be more or less the guidelines in Table 10 under certain
Protective clothing meeting the guidelines in severe than the laboratory exposures because circumstances. Such clothing will, however,
this table are expected, based on extensive of factors such as arc movement, arc length, provide an appropriate degree of protection
laboratory testing, to be capable of preventing arcing from reclosing of the system, for an employee who is exposed to electric
second-degree burn injury to an employee secondary fires or explosions, and weather arc hazards.
TABLE 10.—PROTECTIVE CLOTHING GUIDELINES FOR ELECTRIC ARC HAZARDS

Range of cal- Arc thermal
Clothing
culated incident Clothing description performance
weight
energy (number of layers) value
oz/yd 2
cal/cm 2 (ATPV)
0–2 .................... Untreated Cotton (1) ................................................................................................................. 4.5–7 N/A

2–5 .................... FR Shirt (1) ............................................................................................................................... 4.5–8 5–7
5–10 .................. T-Shirt plus FR Shirt and FR Pants (2) .................................................................................... 9–12 10–17
10–20 ................ T-Shirt plus FR Shirt plus FR Coverall (3) ............................................................................... 16–20 22–25
20–40 ................ T-Shirt plus FR Shirt plus Double Layer Switching Coat (4) ................................................... 24–30 55
FR—Flame resistant.
ATPV—Arc Thermal Performance Value based on ASTM F1959 test method. (The method was modified as necessary to test the performance
of the three- and four-layer systems.)
Source: ‘‘Protective Clothing Guidelines for Electric Arc Exposure,’’ Neal, T. E. Bingham, A. H., Doughty, R. L., IEEE Petroleum and Chemical
Industry Conference Record, September 1996, p. 294.
It should be noted that Table 10 permits nylon, and polyester, even in blends, must be expected to ignite and would be considered
untreated cotton clothing for exposures of 2- avoided. When these fibers melt, they can as being permitted under
cal/cm2 or less. Cotton clothing will reduce adhere to the skin, transferring heat more § 1910.269(l)(11)(iii).4 Conversely, if the heat
a 2-cal/cm2 exposure below the 1.6-cal/cm2 rapidly, exacerbating any burns, and energy estimated under § 1910.269(l)(11)(ii)
level necessary to cause burn injury and is complicating treatment. This can be true exceeds the values listed in Table 11 for a
not expected to ignite at such low heat even if the meltable fabric is not directly next particular weight and color of cotton fabric,
energy levels. Although untreated cotton to the skin. The remainder of this section that material may not be worn as an outer
clothing is deemed to meet the requirement focuses on the prevention of ignition. layer of garment and may not be otherwise
for suitable arc ratings in § 1910.269(l)(11)(v) Paragraph (l)(11)(v) of § 1910.269 requires exposed due to an opening in the flame-
and the prohibition against clothing that clothing with an arc rating greater than or resistant clothing.
could ignite and continue to burn in equal to the employer’s estimate of available For white cotton fabrics of a different
§ 1910.269(l)(11)(iii) when the available heat heat energy. As explained earlier, untreated weight from those listed, choose the next
energy is 2 cal/cm2 or less, this type of cotton is acceptable for exposures of 2 cal/ lower weight of white cotton fabric listed in
clothing is still prohibited under certain cm2 or less. If the exposure is greater than Table 11. For cotton fabrics of a different
conditions by § 1910.269(l)(11)(iv), as that, the employee must wear flame-resistant color and weight combination than those
discussed further below. clothing with a suitable arc rating. However, listed, select a value from the table
Protective performance of any particular even though an employee is wearing a layer corresponding to an equal or lesser weight of
fabric type generally increases with fabric of flame-resistant clothing, there are blue cotton fabric. For example, for a 6.0-oz/
weight, as long as the fabric does not ignite circumstances under which flammable layers yd2 brown twill fabric, select 4.6 cal/cm2 for
and continue to burn. Multiple layers of of clothing would be exposed and subject to the ignition threshold, which corresponds to
clothing usually block more heat and are ignition. For example, if the employee is 5.2-oz/yd2 blue twill. If a white garment has
normally more protective than a single layer wearing flammable clothing (for example, a silkscreen logo, insignia, or other similar
of the equivalent weight. winter coveralls) over the layer of flame- design included on it, then the entire
Exposed skin is expected to sustain a resistant clothing, the outer flammable layer garment will be considered as being of a
second-degree burn for incident energy levels can ignite. Similarly, clothing ignition is color other than white. (The darker portion
of 1.6 cal/cm2 or more. Though it is not possible if the employee is wearing of the garment can ignite earlier than the rest
required by the standard, if the heat energy flammable clothing under the flame-resistant of the garment, which would cause the entire
estimated under § 1910.269(l)(11)(ii) is clothing and the underlayer is exposed by an garment to burn.)
greater than or equal to 1.6 cal/cm2, the opening in the flame-resistant clothing. Thus, Employers may choose to test samples of
employer should require each exposed it is important for the employer to consider genuine garments rather than rely on the
employee to have no more than 10 percent the possibility of clothing ignition even when values given in Table 11. The appropriate
of his or her body unprotected. Due to the an employee is wearing clothing with a electric arc ignition test method is given in
unpredictable nature of electric arcs, the suitable arc rating. ASTM F 1958/F 1958M–99, Standard Test
employer should also consider requiring the Table 11 lists the minimum heat energy Method for Determining the Ignitability of
protection of bare skin from any exposure under electric arc conditions that can Non-flame-Resistant Materials for Clothing
exceeding 0.8 cal/cm2 so as to minimize the reasonably be expected to ignite different by Electric Arc Exposure Method Using
risk of burn injury. weights and colors of cotton fabrics. The Mannequins. Using this test method,
values listed, expressed in calories per square employers may substitute actual test data
III. Protection Against Ignition centimeter, represent a 10 percent probability analysis results representing an energy level
Paragraph (l)(11)(iii) of § 1910.269 of ignition with a 95 percent confidence that is reasonably certain not to be capable
prohibits clothing that could melt onto an level. If the heat energy estimated under
employee’s skin or that could ignite and § 1910.269(l)(11)(ii) does not exceed the 4 An underlayer of clothing with an arc rating
continue to burn when exposed to the values listed in Table 11 for a particular greater than or equal to the estimate of available
available heat energy estimated by the weight and color of cotton fabric, then an heat energy would still be required under
employer. Meltable fabrics, such as acetate, outer layer of that material would not be § 1910.269(l)(11)(v).
of igniting the fabric. For example, based on representing a 1 percent probability of threshold. The employer may also select
test data, the employer may select a level ignition according to actual test results, or some other comparable level.
representing a 10 percent probability of representing an energy level that is two
ignition with a 95 percent confidence level, standard deviations below the mean ignition
TABLE 11.—IGNITION THRESHOLD FOR COTTON FABRICS

Fabric description Ignition thresh-
Weight (oz/ old
yd 2 Color Weave (cal/cm 2)
4.6 ............ White ............................................................................... Jersey knit ....................................................................... 4.3

5.2 ............ Blue ................................................................................. Twill ................................................................................. 4.6
6.2 ............ White ............................................................................... Fleece .............................................................................. 6.4
6.9 ............ Blue ................................................................................. Twill ................................................................................. 5.3
8.0 ............ Black ................................................................................ Twill ................................................................................. 6.1
8.3 ............ White ............................................................................... Sateen ............................................................................. 11.6
11.9 .......... Tan .................................................................................. Duck ................................................................................ 11.3
12.8 .......... Blue ................................................................................. Denim .............................................................................. 15.5
13.3 .......... Blue ................................................................................. Denim .............................................................................. 15.9
Source: ‘‘Testing Update on Protective Clothing & Equipment for Electric Arc Exposure,’’ IEEE Paper No. PCIC–97–35.
Clothing loses weight as it wears. This can Appendix G to Section 1910.269—Work G. Gaffs are properly sharpened; and
lower the ignition threshold, especially if the Positioning Equipment Inspection Guidelines H. There are no broken straps or buckles.
garment has threadbare areas or is torn.
I. Body Belts
Adding layers of clothing beneath an outer PART 1926—[Amended]
layer of flammable fabric has no significant Inspect body belts to ensure that:
effect on the heat energy needed to ignite the A. Hardware has no cracks, nicks, Subpart E—Personal Protective and
outer fabric layer. Therefore, the outer layer distortion, or corrosion; Life Saving Equipment
of clothing must be treated as if it were a B. No loose or worn rivets are present;
single layer to determine the proper ignition C. The waist strap has no loose grommets; 6. The authority citation for Subpart
threshold. D. The fastening straps are not made of 100 E of Part 1926 would be revised to read
Flammable clothing worn in conjunction percent leather; as follows:
with flame-resistant clothing is not permitted E. No worn materials that could affect the
safety of the user are present; and Authority: Sec. 107, Contract Work Hours
to pose an ignition hazard.5 Flammable
F. D-rings are compatible with the and Safety Standards Act (Construction
clothing may not be worn as an outer layer
snaphooks with which they will be used. Safety Act) (40 U.S.C. 333); Secs. 4, 6, and
if it could be exposed to heat energy above
Note: An incompatibility between a 8 of the Occupational Safety and Health Act
the ignition threshold. Outer flame-resistant
snaphook and a D-ring may cause snaphook of 1970 (29 U.S.C. 653, 655, 657); Secretary
layers may not have openings that expose
rollout, or unintentional disengagement of of Labor’s Order No. 12–71 (36 FR 8754), 8–
flammable inner layers that could be ignited.
the snaphook from the D-ring. Employers 76 (41 FR 25059), 9–83 (48 FR 35736), 1–90
When an outer flame-resistant layer would
should take extra precaution when (55 FR 9033), 6–96 (62 FR 111), or 5–2002
be unable to resist breakopen,6 the next (67 F.R. 65008) as applicable; and 29 CFR
(inner) layer should be flame-resistant. determining compatibility between
snaphooks and D-rings of different Part 1911.
Grounding conductors can become a
source of electric arcing if they cannot carry manufacturers. 7. Section 1926.97 would be added to
fault current without failure. These possible II. Positioning Straps read as follows:
sources of electric arcs 7 must be considered
in determining whether the employee’s Inspect positioning straps to ensure that: § 1926.97 Electrical protective equipment.
clothing could ignite under A. The warning center of the strap material
is not exposed; (a) Design requirements. Insulating
§ 1910.269(l)(11)(iv)(C). blankets, matting, covers, line hose,
Flammable clothing can also be ignited by B. No cuts, burns, extra holes, or fraying of
strap material is present; gloves, and sleeves made of rubber shall
arcing that occurs when a conductor contacts
an employee or by nearby material that C. Rivets are properly secured; meet the following requirements:
D. Straps are not made from 100 percent (1) Manufacture and marking of
ignites upon exposure to an electric arc.
leather; and rubber insulating equipment. (i)
These sources of ignition must be considered
E. Snaphooks do not have cracks, burns, or
in determining whether the employee’s Blankets, gloves, and sleeves shall be
corrosion.
clothing could ignite under produced by a seamless process.
§ 1910.269(l)(11)(iv)(A) and (l)(11)(iv)(C). III. Climbers (ii) Each item shall be clearly marked
o. A new Appendix G would be added to Inspect pole and tree climbers to ensure as follows:
§ 1910.269 to read as follows: that: (A) Class 00 equipment shall be
A. Gaffs on pole climbers are no less than marked Class 00.
5 Paragraph (l)(11)(iii) of § 1910.269 prohibits 32 millimeters in length measured on the
clothing that could ignite and continue to burn underside of the gaff; (B) Class 0 equipment shall be marked
when exposed to the heat energy estimated under B. Gaffs on tree climbers are no less than Class 0.
paragraph (l)(11)(ii). 51 millimeters in length measured on the (C) Class 1 equipment shall be marked
6 Breakopen is the creation of holes, tears, or
underside of the gaff; Class 1.
cracks in the exposed fabric such that incident
C. Gaffs and leg irons are not fractured or (D) Class 2 equipment shall be marked
energy is not longer effectively blocked.
7 Static wires and pole ground are examples of
cracked; Class 2.
D. Stirrups and leg irons are free of
grounding conductors that might not be capable of
excessive wear;
(E) Class 3 equipment shall be marked
carrying fault current without failure. Grounds that Class 3.
can carry the maximum available fault current are E. Gaffs are not loose;
not a concern and need not be considered a possible F. Gaffs are free of deformation that could (F) Class 4 equipment shall be marked
electric arc souce. adversely affect use; Class 4.
(G) Nonozone-resistant equipment breaks, or pitting, is evidence of failure Protective Equipment for Workers,
other than matting shall be marked Type to meet the requirements for ozone- includes definitions of terms relating to
I. resistant material. (See the note the electrical protective equipment
(H) Ozone-resistant equipment other following paragraph (a)(3)(ii)(B) of this covered under this section.
than matting shall be marked Type II. section.) (b) Requirements for other types of
(I) Other relevant markings, such as (3) Workmanship and finish. (i) electrical protective equipment. The
the manufacturer’s identification and Equipment shall be free of harmful following requirements apply to the
the size of the equipment, may also be physical irregularities that can be design and manufacture of electrical
provided. detected by the tests or inspections protective equipment that is not covered
(iii) Markings shall be nonconducting required under this section. by paragraph (a) of this section:
and shall be applied in such a manner (ii) Surface irregularities that may be (1) Voltage withstand. Insulating
as not to impair the insulating qualities present on all rubber goods because of equipment used for the protection of
of the equipment. imperfections on forms or molds or employees shall be capable of
(iv) Markings on gloves shall be because of inherent difficulties in the withstanding, without failure, the
confined to the cuff portion of the glove. manufacturing process and that may voltages that may be imposed upon it.
(2) Electrical requirements. (i) appear as indentations, protuberances,
Equipment shall be capable of or imbedded foreign material are Note to paragraph (b)(1) of this section:
withstanding the a-c proof-test voltage acceptable under the following Such voltages include transient overvoltages,
specified in Table E–1 or the d-c proof- such as switching surges, as well as nominal
conditions:
test voltage specified in Table E–2. line voltage. See Appendix B to Subpart V of
(A) The indentation or protuberance this Part for a discussion of transient
(A) The proof test shall reliably blends into a smooth slope when the overvoltages on electric power transmission
indicate that the equipment can material is stretched. and distribution systems.
withstand the voltage involved. (B) Foreign material remains in place
(B) The test voltage shall be applied when the insulating material is folded (2) Equipment current. (i) Protective
continuously for 3 minutes for and stretches with the insulating equipment used for the primary
equipment other than matting and shall material surrounding it. insulation of employees from energized
be applied continuously for 1 minute for circuit parts shall be capable of passing
Note to paragraph (a) of this section: a current test when subjected to the
matting.
Rubber insulating equipment meeting the
(C) Gloves shall also be capable of following national consensus standards is
highest nominal voltage on which the
withstanding the a-c proof-test voltage deemed to be in compliance with paragraph equipment is to be used.
specified in Table E–1 after a 16-hour (a) of this section: (ii) When insulating equipment is
water soak. (See the note following American Society for Testing and Materials tested in accordance with paragraph
paragraph (a)(3)(ii)(B) of this section.) (ASTM) D 120–02a, Standard Specification (b)(2)(i) of this section, the equipment
(ii) When the a–c proof test is used on for Rubber Insulating Gloves. current may not exceed 1 microampere
gloves, the 60-hertz proof-test current ASTM D 178–01 e1, Standard per kilovolt of phase-to-phase applied
may not exceed the values specified in Specification for Rubber Insulating voltage.
Table E–1 at any time during the test Matting. Note 1 to paragraph (b)(2) of this section:
period. ASTM D 1048–99, Standard This paragraph applies to equipment that
(A) If the a–c proof test is made at a Specification for Rubber Insulating provides primary insulation of employees
frequency other than 60 hertz, the Blankets. from energized parts. It is not intended to
permissible proof-test current shall be ASTM D 1049–98e1, Standard apply to equipment used for secondary
computed from the direct ratio of the Specification for Rubber Insulating insulation or equipment used for brush
frequencies. Covers. contact only.
(B) For the test, gloves (right side out) ASTM D 1050–90, Standard
shall be filled with tap water and Note 2 to paragraph (b)(2) of this section:
Specification for Rubber Insulating Line
immersed in water to a depth that is in For a-c excitation, this current consists of
Hose. three components:
accordance with Table E–3. Water shall ASTM D 1051–02, Standard 1. Capacitive current because of the
be added to or removed from the glove, Specification for Rubber Insulating dielectric properties of the insulating
as necessary, so that the water level is Sleeves. material itself,
the same inside and outside the glove. These standards contain 2. Conduction current through the volume
(C) After the 16-hour water soak specifications for conducting the of the insulating equipment, and
specified in paragraph (a)(2)(i)(C) of this various tests required in paragraph (a) of 3. Leakage current along the surface of the
section, the 60-hertz proof-test current this section. For example, the a–c and tool or equipment.
may exceed the values given in Table E– d–c proof tests, the breakdown test, the The conduction current is normally
1 by not more than 2 milliamperes. water soak procedure, and the ozone negligible. For clean, dry insulating
(iii) Equipment that has been equipment, the leakage current is small, and
test mentioned in this paragraph are the capacitive current predominates.
subjected to a minimum breakdown described in detail in the ASTM
voltage test may not be used for standards. (c) In-service care and use of rubber
electrical protection. (See the note ASTM F 1236–96, Standard Guide for insulating equipment. (1) General.
following paragraph (a)(3)(ii)(B) of this Visual Inspection of Electrical Electrical protective equipment shall be
section.) Protective Rubber Products, presents maintained in a safe, reliable condition.
(iv) Material used for Type II methods and techniques for the visual (2) Specific requirements. The
insulating equipment shall be capable of inspection of electrical protective following specific requirements apply to
withstanding an ozone test, with no equipment made of rubber. This guide insulating blankets, covers, line hose,
visible effects. The ozone test shall also contains descriptions and gloves, and sleeves made of rubber:
reliably indicate that the material will photographs of irregularities that can be (i) Maximum use voltages shall
resist ozone exposure in actual use. Any found in this equipment. conform to those listed in Table E–4.
visible signs of ozone deterioration of ASTM F 819–00 e1, Standard (ii) Insulating equipment shall be
the material, such as checking, cracking, Terminology Relating to Electrical inspected for damage before each day’s
use and immediately following any Note to paragraph (c)(2)(vii)(A) of this (x) Insulating equipment failing to
incident that can reasonably be section: Extra care is needed in the visual pass inspections or electrical tests may
suspected of having caused damage. examination of the glove and in the not be used by employees, except as
Insulating gloves shall be given an air avoidance of handling sharp objects. follows:
test, along with the inspection. (A) Rubber insulating line hose may
(B) Any other class of glove may be
Note to paragraph (c)(2)(ii) of this section: used for similar work without protector be used in shorter lengths with the
ASTM F 1236–96, Standard Guide for Visual gloves if the employer can demonstrate defective portion cut off.
Inspection of Electrical Protective Rubber that the possibility of physical damage
Products, presents methods and techniques
(B) Rubber insulating blankets may be
for the visual inspection of electrical to the gloves is small and if the class of salvaged by severing the defective area
protective equipment made of rubber. This glove is one class higher than that from the undamaged portion of the
guide also contains descriptions and required for the voltage involved. blanket. The resulting undamaged area
photographs of irregularities that can be (C) Insulating gloves that have been may not be smaller than 560 mm by 560
found in this equipment. mm (22 inches by 22 inches) for Class
used without protector gloves may not
(iii) Insulating equipment with any of be reused until they have been tested 1, 2, 3, and 4 blankets.
the following defects may not be used: under the provisions of paragraphs (C) Rubber insulating blankets may be
(A) A hole, tear, puncture, or cut; (c)(2)(viii) and (c)(2)(ix) of this section. repaired using a compatible patch that
(B) Ozone cutting or ozone checking (viii) Electrical protective equipment results in physical and electrical
(the cutting action produced by ozone shall be subjected to periodic electrical properties equal to those of the blanket.
on rubber under mechanical stress into tests. Test voltages and the maximum (D) Rubber insulating gloves and
a series of interlacing cracks); intervals between tests shall be in
(C) An embedded foreign object; sleeves with minor physical defects,
accordance with Table E–4 and Table E– such as small cuts, tears, or punctures,
(D) Any of the following texture 5.
changes: swelling, softening, hardening, may be repaired by the application of a
or becoming sticky or inelastic. (ix) The test method used under compatible patch. Also, rubber
(E) Any other defect that damages the paragraphs (c)(2)(viii) and (c)(2)(xi) of insulating gloves and sleeves with
insulating properties. this section shall reliably indicate minor surface blemishes may be
(iv) Insulating equipment found to whether the insulating equipment can repaired with a compatible liquid
have other defects that might affect its withstand the voltages involved. compound. The repaired area shall have
insulating properties shall be removed electrical and physical properties equal
Note to paragraph (c)(2)(ix) of this section:
from service and returned for testing Standard electrical test methods considered
to those of the surrounding material.
under paragraphs (c)(2)(viii) and as meeting this requirement are given in the Repairs to gloves are permitted only in
(c)(2)(ix) of this section. following national consensus standards: the area between the wrist and the
(v) Insulating equipment shall be American Society for Testing and Materials reinforced edge of the opening.
cleaned as needed to remove foreign (ASTM) D 120–02a, Standard Specification (xi) Repaired insulating equipment
substances. for Rubber Insulating Gloves. shall be retested before it may be used
(vi) Insulating equipment shall be ASTM D 1048–99, Standard Specification by employees.
stored in such a location and in such a for Rubber Insulating Blankets.
manner as to protect it from light, ASTM D 1049–98e1, Standard (xii) The employer shall certify that
temperature extremes, excessive Specification for Rubber Insulating Covers. equipment has been tested in
humidity, ozone, and other injurious ASTM D 1050–90, Standard Specification accordance with the requirements of
substances and conditions. for Rubber Insulating Line Hose. paragraphs (c)(2)(iv), (c)(2)(vii)(C),
(vii) Protector gloves shall be worn ASTM D 1051–02, Standard Specification (c)(2)(viii), (c)(2)(ix), and (c)(2)(xi) of
for Rubber Insulating Sleeves. this section. The certification shall
over insulating gloves, except as
ASTM F 478–92, Standard Specification identify the equipment that passed the
follows: for In-Service Care of Insulating Line Hose
(A) Protector gloves need not be used test and the date it was tested.
and Covers.
with Class 0 or Class 00 gloves, under ASTM F 479–95, Standard Specification Note to paragraph (c)(2)(xii) of this
limited-use conditions, where small for In-Service Care of Insulating Blankets. section: Marking of equipment and entering
equipment and parts manipulation ASTM F 496–02a, Standard Specification onto logs the results of the tests and the dates
necessitate unusually high finger for In-Service Care of Insulating Gloves and of testing are two acceptable means of
dexterity. Sleeves. meeting this requirement.
TABLE E–1.—A–C PROOF-TEST REQUIREMENTS

Maximum proof-test current, mA
(gloves only)
Proof-test
Class of equipment voltage 267-mm 356-mm 406-mm 457-mm
rms V (10.5-in) (14-in) (16-in) (18-in)
glove glove glove glove
00 ............................................................................................................. 2,500 8 12 .................... ....................

0 ............................................................................................................... 5,000 8 12 14 16
1 ............................................................................................................... 10,000 .................... 14 16 18
2 ............................................................................................................... 20,000 .................... 16 18 20
3 ............................................................................................................... 30,000 .................... 18 20 22
4 ............................................................................................................... 40,000 .................... .................... 22 24
TABLE E–2.—D–C PROOF-TEST REQUIREMENTS

Proof-test
00 ............................................................................................................................................................................................................. 10,000
0 ............................................................................................................................................................................................................... 20,000
1 ............................................................................................................................................................................................................... 40,000
2 ............................................................................................................................................................................................................... 50,000
3 ............................................................................................................................................................................................................... 60,000
4 ............................................................................................................................................................................................................... 70,000
Note: The d-c voltages listed in this table are not appropriate for proof testing rubber insulating line hose or covers. For this equipment, d-c
proof tests shall use a voltage high enough to indicate that the equipment can be safely used at the voltages listed in Table E–4. See ASTM D
1050–90 and ASTM D 1049–98e1 for further information on proof tests for rubber insulating line hose and covers, respectively.
TABLE E–3.—GLOVE TESTS—WATER LEVEL 1 2
A–C proof test D–C proof test

Class of glove
mm in mm in
00 ..................................................................................................................................... 38 1.5 38 1.5

0 ....................................................................................................................................... 38 1.5 38 1.5
1 ....................................................................................................................................... 38 1.5 51 2.0
2 ....................................................................................................................................... 64 2.5 76 3.0
3 ....................................................................................................................................... 89 3.5 102 4.0
4 ....................................................................................................................................... 127 5.0 153 6.0
1 The water level is given as the clearance from the cuff of the glove to the water line, with a tolerance of ±13 mm. (±0.5 in.).
2 If atmospheric conditions make the specified clearances impractical, the clearances may be increased by a maximum of 25 mm. (1 in.).
TABLE E–4.—RUBBER INSULATING EQUIPMENT VOLTAGE REQUIREMENTS

Maximum Retest Retest
Class of use voltage 1 voltage 2 voltage 2
equipment A–C rms A–C rms D–C avg
00 ........................................................................................................................................... 500 2,500 10,000

0 ............................................................................................................................................. 1,000 5,000 20,000
1 ............................................................................................................................................. 7,500 10,000 40,000
2 ............................................................................................................................................. 17,000 20,000 50,000
3 ............................................................................................................................................. 26,000 30,000 60,000
4 ............................................................................................................................................. 36,000 40,000 70,000
1 The maximum use voltage is the a-c voltage (rms) classification of the protective equipment that designates the maximum nominal design
voltage of the energized system that may be safely worked. The nominal design voltage is equal to the phase-to-phase voltage on multiphase
circuits. However, the phase-to-ground potential is considered to be the nominal design voltage:
(1) If there is no multiphase exposure in a system area and if the voltage exposure is limited to the phase-to-ground potential, or
(2) If the electrical equipment and devices are insulated or isolated or both so that the multiphase exposure on a grounded wye circuit is re-
moved.
2 The proof-test voltage shall be applied continuously for at least 1 minute, but no more than 3 minutes.
TABLE E–5.—RUBBER INSULATING EQUIPMENT TEST INTERVALS

Type of equipment When to test
Rubber insulating line hose ...................................................................... Upon indication that insulating value is suspect and after repair.
Rubber insulating covers .......................................................................... Upon indication that insulating value is suspect and after repair.
Rubber insulating blankets ....................................................................... Before first issue and every 12 months thereafter; 1 upon indication that
insulating value is suspect; and after repair.
Rubber insulating gloves .......................................................................... Before first issue and every 6 months thereafter; 1 upon indication that
insulating value is suspect; after repair; and after use without protec-
tors.
Rubber insulating sleeves ........................................................................ Before first issue and every 12 months thereafter; 1 upon indication that
insulating value is suspect; and after repair.
1 If the insulating equipment has been electrically tested but not issued for service, it may not be placed into service unless it has been elec-
trically tested within the previous 12 months.
8. The authority citation for Subpart 8 of the Occupational Safety and Health Act (67 F.R. 65008) as applicable; and 29 CFR
V of Part 1926 would be revised to read of 1970 (29 U.S.C. 653, 655, 657); Secretary Part 1911.
as follows: of Labor’s Order No. 12–71 (36 FR 8754), 8–
76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 9. Subpart V of Part 1926 would be
Authority: Sec. 107, Contract Work Hours
(55 FR 9033), 6–96 (62 FR 111), or 5–2002 revised to read as follows:
and Safety Standards Act (Construction
Safety Act) (40 U.S.C. 333); Secs. 4, 6, and
Subpart V—Electric Power emergency procedures (such as pole top Note to paragraph (b)(4)(iii) of this section:
Transmission and Distribution and manhole rescue), that are not OSHA would consider tasks that are
specifically addressed by this subpart performed less often than once per year to
Sec. necessitate retraining before the performance
1926.950 General. but that are related to their work and are
of the work practices involved.
1926.951 Medical services and first aid. necessary for their safety.
1926.952 Job briefing. (iii) The degree of training shall be (5) Type of training. The training
1926.953 Enclosed spaces. determined by the risk to the employee required by paragraph (b) of this section
1926.954 Personal protective equipment. for the task involved. shall be of the classroom or on-the-job
1926.955 Ladders and platforms. (2) Qualified employees. Each type.
1926.956 Hand and portable power tools. qualified employee shall also be trained (6) Training goals. The training shall
1926.957 Live-line tools.
1926.958 Materials handling and storage.
and competent in: establish employee proficiency in the
1926.959 Mechanical equipment. (i) The skills and techniques work practices required by this subpart
1926.960 Working on or near exposed necessary to distinguish exposed live and shall introduce the procedures
energized parts. parts from other parts of electric necessary for compliance with this
1926.961 Deenergizing lines and equipment equipment, subpart.
for employee protection. (ii) The skills and techniques (7) Demonstration of proficiency. The
1926.962 Grounding for the protection of necessary to determine the nominal employer shall determine that each
employees. voltage of exposed live parts, employee has demonstrated proficiency
1926.963 Testing and test facilities.
1926.964 Overhead lines. (iii) The minimum approach distances in the work practices involved before
1926.965 Underground electrical specified in this subpart corresponding that employee is considered as having
installations. to the voltages to which the qualified completed the training required by
1926.966 Substations. employee will be exposed, paragraph (b) of this section.
1926.967 Special conditions. (iv) The proper use of the special Note 1 to paragraph (b)(7) of this section:
1926.968 Definitions applicable to this precautionary techniques, personal Though they are not required by this
subpart. protective equipment, insulating and paragraph, employment records that indicate
shielding materials, and insulated tools that an employee has successfully completed
Subpart V—Electric Power the required training are one way of keeping
for working on or near exposed
Transmission and Distribution track of when an employee has demonstrated
energized parts of electric equipment,
and proficiency.
§ 1926.950 General.
(a) Application. (1) Scope. This (v) The recognition of electrical Note 2 to paragraph (b)(7) of this section:
subpart, except for paragraph (a)(3) of hazards to which the employee may be Employers may rely on an employee’s
this section, covers the construction of exposed and the skills and techniques previous training as long as the employer: (1)
electric power transmission and necessary to control or avoid those Confirms that the employee has the job
distribution lines and equipment. As hazards. experience appropriate to the work to be
performed, (2) through an examination or
used in this subpart the term Note to paragraph (b)(2) of this section: interview, makes an initial determination
‘‘construction’’ includes the erection of For the purposes of this subpart, a person that the employee is proficient in the relevant
new electric transmission and must have the training required by paragraph safety-related work practices before he or she
distribution lines and equipment, and (b)(2) of this section in order to be considered performs any work covered by this subpart,
the alteration, conversion, and a qualified person. and (3) supervises the employee closely until
improvement of existing electric that employee has demonstrated proficiency
(3) Supervision and annual in all the work practices he or she will
transmission and distribution lines and
inspection. The employer shall employ.
equipment.
(2) Other Part 1926 standards. This determine, through regular supervision
and through inspections conducted on (c) Contractors. (1) Host employer
subpart applies in addition to all other responsibilities. (i) The host employer
applicable standards contained in this at least an annual basis, that each
employee is complying with the safety- shall inform contract employers of:
Part 1926. Employers covered under this (A) Known hazards that are covered
subpart are not exempt from complying related work practices required by this
subpart. by this section, that are related to the
with other applicable provisions in Part contract employer’s work, and that
1926 by the operation of § 1910.5(c) of (4) Additional training. An employee
shall receive additional training (or might not be recognized by the contract
this chapter. Specific references in this employer or its employees; and
subpart to other sections of Part 1926 retraining) under any of the following
conditions: (B) Information about the employer’s
are provided for emphasis only.
(3) Applicable Part 1910 (i) If the supervision or annual installation that the contract employer
requirements. Line-clearance tree- inspections required by paragraph (b)(3) needs to make the assessments required
trimming operations and work involving of this section indicate that the by this subpart.
electric power generation installations employee is not complying with the (ii) The host employer shall report
shall comply with § 1910.269 of this safety-related work practices required observed contract-employer-related
chapter. by this subpart, or violations of this section to the contract
(b) Training. (1) All employees. (i) (ii) If new technology, new types of employer.
Employees shall be trained in and equipment, or changes in procedures (2) Contract employer responsibilities.
familiar with the safety-related work necessitate the use of safety-related (i) The contract employer shall ensure
practices, safety procedures, and other work practices that are different from that each of his or her employees is
safety requirements in this subpart that those which the employee would instructed in the hazards communicated
pertain to their respective job normally use, or to the contract employer by the host
assignments. (iii) If he or she must employ safety- employer.
(ii) Employees shall also be trained in related work practices that are not Note to paragraph (c)(2)(i) of this section:
and familiar with any other safety normally used during his or her regular This instruction is in addition to the training
practices, including applicable job duties. required by paragraph (b) of this section.
(ii) The contract employer shall (at a remote substation, for example), all (2) Detailed discussion. A more
ensure that each of his or her employees employees at the work location shall be extensive discussion shall be
follows the work practices required by trained. conducted:
this subpart and safety-related work (2) First aid supplies. First aid (i) If the work is complicated or
rules required by the host employer. supplies required by § 1926.50(d) shall particularly hazardous, or
(iii) The contract employer shall be placed in weatherproof containers if (ii) If the employee cannot be
advise the host employer of: the supplies could be exposed to the expected to recognize and avoid the
(A) Any unique hazards presented by weather. hazards involved in the job.
the contract employer’s work, Note to paragraph (d) of this section: The
(3) First aid kits. Each first aid kit
(B) Any unanticipated hazards found briefing must always touch on all the subjects
shall be maintained, shall be readily
during the contract employer’s work listed in paragraph (b) of this section.
available for use, and shall be inspected
that the host employer did not mention,
frequently enough to ensure that (e) Working alone. An employee
and
(C) The measures the contractor took expended items are replaced, but at working alone need not conduct a job
to correct any violations reported by the least once per year. briefing. However, the employer shall
host employer under paragraph (c)(1)(ii) § 1926.952 Job briefing.
ensure that the tasks to be performed are
of this section and to prevent such planned as if a briefing were required.
violations from recurring in the future. (a) Before each job. (1) Initial briefing
by the employer. In assigning an § 1926.953 Enclosed spaces.
(d) Existing conditions. Existing
employee or a group of employees to (a) General. This paragraph covers
conditions related to the safety of the
perform a job, the employer shall enclosed spaces that may be entered by
work to be performed shall be
provide the employee in charge of the employees. It does not apply to vented
determined before work on or near
job with available information necessary vaults if a determination is made that
electric lines or equipment is started.
to perform the job safely. the ventilation system is operating to
Such conditions include, but are not
protect employees before they enter the
limited to, the nominal voltages of lines Note to paragraph (a)(1) of this section: space. This paragraph applies to routine
and equipment, the maximum switching The information provided by the employer to
entry into enclosed spaces. If, after the
transient voltages, the presence of the employee in charge is intended to
precautions given in this section and in
hazardous induced voltages, the supplement the training required under
§ 1926.950(b). It may be provided at the § 1926.965 are taken, the hazards
presence and condition of protective remaining in the enclosed space
grounds and equipment grounding beginning of the day for all jobs to be
performed that day rather than at the start of endanger the life of an entrant or could
conductors, the condition of poles, each job. The information is also intended to interfere with escape from the space,
environmental conditions relative to be general in nature, with work-site specific then entry into the enclosed space shall
safety, and the locations of circuits and information to be provided by the employee meet the permit-space entry
equipment, including power and in charge after the crew arrives at the work requirements of paragraphs (d) through
communication lines and fire protective site. (k) of § 1910.146 of this chapter.
signaling circuits.
(2) Briefing by the employee in charge. Note to paragraph (a) of this section:
§ 1926.951 Medical services and first aid. The employer shall ensure that the Entries into enclosed spaces conducted in
(a) General. The employer shall employee in charge conducts a job accordance with the permit-space entry
provide medical services and first aid as briefing meeting paragraphs (b), (c), and requirements of paragraphs (d) through (k) of
required in § 1926.50. § 1910.146 of this chapter are considered as
(d) of this section with the employees complying with this section.
(b) Additional requirements. In involved before they start each job.
addition to the requirements of (b) Subjects to be covered. The (b) Safe work practices. The employer
§ 1926.50, the following requirements briefing shall cover at least the shall ensure the use of safe work
also apply: following subjects: hazards associated practices for entry into and work in
(1) Cardiopulmonary resuscitation with the job, work procedures involved, enclosed spaces and for rescue of
and first aid training. When employees special precautions, energy source employees from such spaces.
are performing work on or associated controls, and personal protective (c) Training. Employees who enter
with exposed lines or equipment equipment requirements. enclosed spaces or who serve as
energized at 50 volts or more, persons attendants shall be trained in the
(c) Number of briefings. (1) One before
trained in first aid including hazards of enclosed space entry, in
each shift. If the work or operations to
cardiopulmonary resuscitation (CPR) enclosed space entry procedures, and in
be performed during the work day or
shall be available as follows: enclosed space rescue procedures.
(i) For field work involving two or shift are repetitive and similar, at least (d) Rescue equipment. Employers
more employees at a work location, at one job briefing shall be conducted shall provide equipment to ensure the
least two trained persons shall be before the start of the first job of each prompt and safe rescue of employees
available. However, only one trained day or shift. from the enclosed space.
person need be available if all new (2) Additional briefings. Additional (e) Evaluation of potential hazards.
employees are trained in first aid, job briefings shall be held if significant Before any entrance cover to an
including CPR, within 3 months of their changes, which might affect the safety of enclosed space is removed, the
hiring dates. the employees, occur during the course employer shall determine whether it is
(ii) For fixed work locations such as of the work. safe to do so by checking for the
substations, the number of trained (d) Extent of briefing. (1) Short presence of any atmospheric pressure or
persons available shall be sufficient to discussion. A brief discussion is temperature differences and by
ensure that each employee exposed to satisfactory if the work involved is evaluating whether there might be a
electric shock can be reached within 4 routine and if the employees, by virtue hazardous atmosphere in the space. Any
minutes by a trained person. However, of training and experience, can conditions making it unsafe to remove
where the existing number of employees reasonably be expected to recognize and the cover shall be eliminated before the
is insufficient to meet this requirement avoid the hazards involved in the job. cover is removed.
Note to paragraph (e) of this section: The without the need for off-site evaluation. systems shall meet the requirements of
evaluation called for in this paragraph may This test shall be performed after the Subpart M of this part.
take the form of a check of the conditions oxygen testing and ventilation required
expected to be in the enclosed space. For Note to paragraph (b)(1) of this section:
by paragraph (j) of this section This paragraph applies to all personal fall
example, the cover could be checked to see
if it is hot and, if it is fastened in place, could
demonstrate that there is sufficient arrest systems used in work covered by this
be loosened gradually to release any residual oxygen to ensure the accuracy of the test Subpart.
pressure. A determination must also be made for flammability.
(l) Ventilation and monitoring. If (2) Work positioning equipment. Body
of whether conditions at the site could cause
a hazardous atmosphere, such as an oxygen flammable gases or vapors are detected belts and positioning straps for work
deficient or flammable atmosphere, to positioning shall meet the following
or if an oxygen deficiency is found,
develop within the space. requirements:
forced air ventilation shall be used to
(i) Hardware for body belts and
(f) Removal of covers. When covers maintain oxygen at a safe level and to positioning straps shall meet the
are removed from enclosed spaces, the prevent a hazardous concentration of following requirements:
opening shall be promptly guarded by a flammable gases and vapors from (A) Hardware shall be made of drop-
railing, temporary cover, or other barrier accumulating. A continuous monitoring forged, pressed, or formed steel or
intended to prevent an accidental fall program to ensure that no increase in equivalent material.
through the opening and to protect flammable gas or vapor concentration (B) Hardware shall have a corrosion-
employees working in the space from occurs may be followed in lieu of resistant finish.
objects entering the space. ventilation, if flammable gases or vapors (C) Hardware surfaces shall be smooth
(g) Hazardous atmosphere. Employees are detected at safe levels. and free of sharp edges.
may not enter any enclosed space while Note to paragraph (l) of this section: See (ii) Buckles shall be capable of
it contains a hazardous atmosphere, the definition of ‘‘hazardous atmosphere’’ for withstanding an 8.9-kN (2,000-lbf)
unless the entry conforms to the generic guidance in determining whether or not a tension test with a maximum permanent
permit-required confined spaces given concentration of a substance is deformation no greater than 0.4 mm
standard in § 1910.146 of this chapter. considered to be hazardous. (0.0156 in.).
(h) Attendants. While work is being (iii) D rings shall be capable of
(m) Specific ventilation requirements. withstanding a 22-kN (5,000-lbf) tensile
performed in the enclosed space, a If continuous forced air ventilation is
person with first aid training meeting test without cracking or breaking.
used, it shall begin before entry is made (iv) Snaphooks shall be capable of
§ 1926.951(b)(1) shall be immediately and shall be maintained long enough for
available outside the enclosed space to withstanding a 22-kN (5,000-lbf) tension
the employer to be able to demonstrate test without failure.
provide assistance if a hazard exists that a safe atmosphere exists before
because of traffic patterns in the area of Note to paragraph (b)(2)(iv) of this section:
employees are allowed to enter the work Tensile failure of a snaphook is indicated by
the opening used for entry. That person area. The forced air ventilation shall be
is not precluded from performing other distortion of the snaphook sufficient to
so directed as to ventilate the immediate release the keeper.
duties outside the enclosed space if area where employees are present
these duties do not distract the within the enclosed space and shall (v) Top grain leather or leather
attendant from monitoring employees continue until all employees leave the substitute may be used in the
within the space. enclosed space. manufacture of body belts and
(n) Air supply. The air supply for the positioning straps; however, leather and
Note to paragraph (h) of this section: See
§ 1926.965 for additional requirements on continuous forced air ventilation shall leather substitutes may not be used
attendants for work in manholes and vaults. be from a clean source and may not alone as a load bearing component of
increase the hazards in the enclosed the assembly.
(i) Calibration of test instruments. (vi) Plied fabric used in positioning
space.
Test instruments used to monitor straps and in load bearing parts of body
atmospheres in enclosed spaces shall be (o) Open flames. If open flames are belts shall be so constructed in such a
kept in calibration and shall have a used in enclosed spaces, a test for way that no raw edges are exposed and
minimum accuracy of ±10 percent. flammable gases and vapors shall be that the plies do not separate.
(j) Testing for oxygen deficiency. made immediately before the open (vii) Positioning straps shall be
Before an employee enters an enclosed flame device is used and at least once capable of withstanding the following
space, the internal atmosphere shall be per hour while the device is used in the tests:
tested for oxygen deficiency with a space. Testing shall be conducted more (A) A dielectric test of 819.7 volts,
direct-reading meter or similar frequently if conditions present in the AC, per centimeter (25000 volts per
instrument, capable of collection and enclosed space indicate that once per foot) for 3 minutes without visible
immediate analysis of data samples hour is insufficient to detect hazardous deterioration;
without the need for off-site evaluation. accumulations of flammable gases or (B) A leakage test of 98.4 volts, AC,
If continuous forced air ventilation is vapors. per centimeter (3000 volts per foot) with
provided, testing is not required Note to paragraph (o) of this section: See a leakage current of no more than 1 mA;
provided that the procedures used the definition of ‘‘hazardous atmosphere’’ for Note to paragraphs (b)(2)(vii)(A) and
ensure that employees are not exposed guidance in determining whether or not a (b)(2)(vii)(B) of this section: Positioning
given concentration of a substance is straps that pass direct current tests at
to the hazards posed by oxygen
considered to be hazardous. equivalent voltages are considered as meeting
deficiency.
this requirement.
(k) Testing for flammable gases and
vapors. Before an employee enters an § 1926.954 Personal protective equipment. (C) Tension tests of 20 kN (4500 lbf)
enclosed space, the internal atmosphere (a) General. Personal protective for sections free of buckle holes and of
shall be tested for flammable gases and equipment shall meet the requirements 15 kN (3500 lbf) for sections with buckle
vapors with a direct-reading meter or of Subpart E of this Part. holes;
similar instrument capable of collection (b) Fall protection. (1) Personal fall (D) A buckle tear test with a load of
and immediate analysis of data samples arrest systems. Personal fall arrest 4.4 kN (1000 lbf); and
(E) A flammability test in accordance

with Table V–1.
TABLE V–1.—FLAMMABILITY TEST

Test method Criteria for passing the test
Vertically suspend a 500-mm (19.7-inch) length of strapping holding up Any flames on the positioning strap shall self extinguish.
a 100-kg (200.5-lb) weight.
Use a butane or propane burner with a 76-mm (3-inch) flame ............... The positioning strap shall continue to support the 100-kg (220.5-lb)
mass.
Direct the flame to an edge of the strapping at a distance of 25 mm (1
inch).
Remove the flame after 5 seconds.
Wait until any flames on the positioning strap go out.
(viii) The cushion part of the body (E) Body belts shall successfully arrest § 1926.502(d)(17) if the body harness is
belt shall contain no exposed rivets on the fall of the test mass and shall be being used as work positioning
the inside and shall be at least 76 mm capable of supporting the mass after the equipment and if the maximum free fall
(3 in.) in width. test. distance is limited to 0.6 m (2 ft).
(ix) Tool loops shall be so situated on (F) Positioning straps shall (iii) A personal fall arrest system or
the body of a body belt that 100 mm (4 successfully arrest the fall of the test work positioning equipment shall be
in.) of the body belt in the center of the mass without breaking and the arrest used by employees working at elevated
back, measuring from D ring to D ring, force may not exceed 17.8 kN (4000 lbf). locations more than 1.2 m (4 ft) above
is free of tool loops and any other Additionally, snaphooks on positioning the ground on poles, towers, or similar
attachments. straps may not have distorted structures if other fall protection has not
(x) Copper, steel, or equivalent liners sufficiently to allow the keeper to be been provided. Fall protection
shall be used around the bars of D rings released. equipment is not required to be used by
to prevent wear between these members a qualified employee climbing or
Note 1 to paragraph (b)(2) of this section:
and the leather or fabric enclosing them. changing location on poles, towers, or
This paragraph applies to all work
(xi) Snaphooks shall be of the locking similar structures, unless conditions,
positioning equipment used in work covered
type meeting the following by this Subpart. such as, but not limited to, ice, high
requirements: winds, the design of the structure (for
(A) The locking mechanism shall first Note 2 to paragraph (b)(2) of this section: example, no provision for holding on
be released or a destructive force shall Body belts and positioning straps that with hands), or the presence of
be placed on the keeper before the conform to American Society of Testing and contaminants on the structure, could
keeper will open. Materials Standard Specifications for cause the employee to lose his or her
(B) A force in the range of 6.6 N (1.5 Personal Climbing Equipment, ASTM F 887– grip or footing.
lbf) to 17.6 N (4 lbf) shall be required 04, are deemed to be in compliance with the
to release the locking mechanism. manufacturing and construction Note 1 to paragraph (b)(3)(iii) of this
(C) With the locking mechanism requirements of paragraph (b)(2) of this section: This paragraph applies to structures
released and with a force applied on the section provided that the body belt or that support overhead electric power
positioning strap also conforms to paragraphs transmission and distribution lines and
keeper against the face of the nose, the equipment. It does not apply to portions of
(b)(2)(iv) and (b)(2)(xi) of this section.
keeper may not begin to open with a buildings, such as loading docks, to electric
force of 11.0 N (2.5 lbf) or less and shall Note 3 to paragraph (b)(2) of this section: equipment, such as transformers and
begin to open with a maximum force of Body belts and positioning straps that capacitors, nor to aerial lifts. The duty to
17.6 N (4 lbf). conform to § 1926.502(e) on positioning provide fall protection associated with
(xii) Body belts and positioning straps device systems are deemed to be in walking and working surfaces is contained in
shall be capable of withstanding a drop compliance with the manufacturing and Subpart M of this Part; the duty to provide
test as follows: construction requirements of paragraph (b)(2) fall protection associated with aerial lifts is
of this section provided that the positioning contained in § 1926.453.
(A) The test mass shall be rigidly
constructed of steel or equivalent strap also conforms to paragraph (b)(2)(vii) of
this section. Note 2 to paragraph (b)(3)(iii) of this
material with a mass of 100 kg (220.5 section: Employees who have not completed
lbm). (3) Care and use of personal fall training in climbing and the use of fall
(B) For body belts, the body belt shall protection equipment. (i) Work protection are not considered ‘‘qualified
be fitted snugly around the test mass positioning equipment shall be employees’’ for the purposes of this
and shall be attached to the test inspected before use each day to provision. Unqualified employees (including
structure anchorage point by means of a trainees) are required to use fall protection
determine that the equipment is in safe any time they are more than 1.2 m (4 ft)
wire rope. working condition. Defective equipment above the ground.
(C) For positioning straps, the strap may not be used.
shall be adjusted to its shortest length to (iv) Work positioning systems shall be
permit the test and connected to the test Note to paragraph (b)(3)(i) of this section: rigged so that an employee can free fall
structure anchorage point at one end Appendix G to this subpart contains
no more than 0.6 m (2 ft) unless no
guidelines for the inspection of work
and to the test mass on the other. positioning equipment. anchorage is available.
(D) The test mass shall be dropped an (v) Anchorages for work positioning
unobstructed distance of 1 m (39.4 in.) (ii) Personal fall arrest systems shall equipment shall be capable of
from a supporting structure that will be used in accordance with supporting at least twice the potential
sustain minimal deflection during the § 1926.502(d). However, the attachment impact load of an employee’s fall or 13.3
test. point need not be located as required by kN (3,000 lbf), whichever is greater.
(vi) Unless the snaphook is a locking (b) Cord- and plug-connected shall be designed and maintained for
type and designed specifically for the equipment. (1) Supplied by premises such use.
following connections, snaphooks on wiring. Cord- and plug-connected (4) Protection against vacuum
work positioning equipment may not be equipment supplied by premises wiring formation. The hydraulic system
engaged: is covered by Subpart K of this Part. supplying a hydraulic tool used where
(A) Directly to webbing, rope, or wire (2) Supplied by other than premises it may contact exposed live parts shall
rope; wiring. Any cord- and plug-connected provide protection against loss of
(B) To each other; equipment supplied by other than insulating value for the voltage involved
(C) To a D ring to which another premises wiring shall comply with one due to the formation of a partial vacuum
snaphook or other connector is attached; of the following in lieu of in the hydraulic line.
(D) To a horizontal lifeline; or § 1926.302(a)(1):
(E) To any object which is Note to paragraph (d)(4) of this section:
(i) It shall be equipped with a cord Hydraulic lines without check valves having
incompatibly shaped or dimensioned in
containing an equipment grounding a separation of more than 10.7 m (35 ft)
relation to the snaphook such that
conductor connected to the tool frame between the oil reservoir and the upper end
unintentional disengagement could of the hydraulic system promote the
and to a means for grounding the other
occur by the connected object being able formation of a partial vacuum.
end (however, this option may not be
to depress the snaphook keeper and
used where the introduction of the (5) Protection against the
release itself.
ground into the work environment accumulation of moisture. A pneumatic
§ 1926.955 Ladders and platforms. increases the hazard to an employee); or tool used on energized electric lines or
(a) General. Requirements for portable (ii) It shall be of the double-insulated equipment or used where it may contact
ladders contained in Subpart X of this type conforming to Subpart K of this exposed live parts shall provide
Part apply, except as specifically noted Part; or protection against the accumulation of
in paragraph (b) of this section. Fixed (iii) It shall be connected to the power moisture in the air supply.
ladders shall meet Part 1910, Subpart D supply through an isolating transformer (6) Breaking connections. Pressure
of this chapter. with an ungrounded secondary. shall be released before connections are
(b) Special ladders and platforms. (c) Portable and vehicle-mounted broken, unless quick acting, self-closing
Portable ladders and platforms used on generators. Portable and vehicle- connectors are used.
structures or conductors in conjunction mounted generators used to supply (7) Leaks. Employees may not use any
with overhead line work need not meet cord- and plug-connected equipment part of their bodies to locate or attempt
paragraphs (b)(5)(i) and (b)(12) of shall meet the following requirements: to stop a hydraulic leak.
§ 1926.1053. However, these ladders (1) Equipment to be supplied. The (8) Hoses. Hoses may not be kinked.
and platforms shall meet the following generator may only supply equipment
requirements: located on the generator or the vehicle § 1926.957 Live-line tools.
(1) Design load. In the configurations and cord- and plug-connected (a) Design of tools. Live-line tool rods,
in which they are used, ladders and equipment through receptacles mounted tubes, and poles shall be designed and
platforms shall be capable of supporting on the generator or the vehicle. constructed to withstand the following
without failure at least 2.5 times the (2) Equipment grounding. The minimum tests:
maximum intended load. noncurrent-carrying metal parts of (1) Fiberglass-reinforced plastic. If the
(2) Maximum load. Ladders and equipment and the equipment tool is made of fiberglass-reinforced
platforms may not be loaded in excess grounding conductor terminals of the plastic (FRP), it shall withstand 328100
of the working loads for which they are receptacles shall be bonded to the volts per meter (100,000 volts per foot)
designed. generator frame. of length for 5 minutes, or
(3) Secured in place. Ladders and (3) Bonding the frame. In the case of
platforms shall be secured to prevent Note to paragraph (a)(1) of this section:
vehicle-mounted generators, the frame Live-line tools using rod and tube that meet
their becoming accidentally dislodged. of the generator shall be bonded to the ASTM F 711–02, Standard Specification for
(4) Intended use. Ladders and Fiberglass-Reinforced Plastic (FRP) Rod and
vehicle frame.
platforms may be used only in Tube Used in Live Line Tools, conform to
(4) Bonding the neutral conductor.
applications for which they are paragraph (a)(1) of this section.
Any neutral conductor shall be bonded
designed.
(c) Conductive ladders. Portable metal to the generator frame. (2) Wood. If the tool is made of wood,
ladders and other portable conductive (d) Hydraulic and pneumatic tools. (1) it shall withstand 246100 volts per
ladders may not be used near exposed Hydraulic fluid in insulating tools. meter (75,000 volts per foot) of length
energized lines or equipment. However, Paragraph (d)(1) of § 1926.302 does not for 3 minutes, or
in specialized high-voltage work, apply to hydraulic fluid used in (3) Equivalent tests. The tool shall
conductive ladders shall be used where insulating sections of hydraulic tools. withstand other tests that the employer
the employer can demonstrate that (2) Operating pressure. Safe operating can demonstrate are equivalent.
nonconductive ladders would present a pressures for hydraulic and pneumatic (b) Condition of tools. (1) Daily
greater hazard than conductive ladders. tools, hoses, valves, pipes, filters, and inspection. Each live-line tool shall be
fittings may not be exceeded. wiped clean and visually inspected for
§ 1926.956 Hand and portable power tools. Note to paragraph (d)(2) of this section: If defects before use each day.
(a) General. Paragraph (b) of this any hazardous defects are present, no (2) Defects. If any defect or
section applies to electric equipment operating pressure would be safe, and the contamination that could adversely
connected by cord and plug. Paragraph hydraulic or pneumatic equipment involved affect the insulating qualities or
(c) of this section applies to portable may not be used. In the absence of defects, mechanical integrity of the live-line tool
and vehicle-mounted generators used to the maximum rated operating pressure is the is present after wiping, the tool shall be
supply cord- and plug-connected maximum safe pressure. removed from service and examined
equipment. Paragraph (d) of this section (3) Work near energized parts. A and tested according to paragraph (b)(3)
applies to hydraulic and pneumatic hydraulic or pneumatic tool used where of this section before being returned to
tools. it may contact exposed energized parts service.
(3) Biennial inspection and testing. and movement of material handling (d) Operations near energized lines or
Live-line tools used for primary equipment: equipment. (1) Minimum approach
employee protection shall be removed (i) For lines and equipment energized distance. Mechanical equipment shall
from service every 2 years and at 50 kV or less, the distance is 3.05 m be operated so that the minimum
whenever required under paragraph (10 ft). approach distances of Table V–2
(b)(2) of this section for examination, (ii) For lines and equipment energized through Table V–6 are maintained from
cleaning, repair, and testing as follows: at more than 50 kV, the distance is 3.05 exposed energized lines and equipment.
(i) Each tool shall be thoroughly m (10 ft) plus 0.10 m (4 in.) for every However, the insulated portion of an
examined for defects. 10 kV over 50 kV. aerial lift operated by a qualified
(ii) If a defect or contamination that (2) Restricted areas. In areas restricted employee in the lift is exempt from this
could adversely affect the insulating to qualified employees, material may requirement if the applicable minimum
qualities or mechanical integrity of the not be stored within the working space approach distance is maintained
live-line tool is found, the tool shall be about energized lines or equipment. between the uninsulated portions of the
repaired and refinished or shall be Note to paragraph (b)(2) of this section: aerial lift and exposed objects at a
permanently removed from service. If Requirements for the size of the working different potential.
no such defect or contamination is space are contained in § 1926.966(b). (2) Observer. A designated employee
found, the tool shall be cleaned and other than the equipment operator shall
waxed. § 1926.959 Mechanical equipment. observe the approach distance to
(iii) The tool shall be tested in exposed lines and equipment and give
(a) General requirements. (1) Other timely warnings before the minimum
accordance with paragraphs (b)(3)(iv)
applicable requirements. Mechanical approach distance required by
and (b)(3)(v) of this section under the
equipment shall be operated in paragraph (d)(1) of this section is
following conditions:
accordance with Subparts N and O of reached, unless the employer can
(A) After the tool has been repaired or
this Part, except that §§ 1926.550(a)(15) demonstrate that the operator can
refinished; and
and 1926.600(a)(6) do not apply to accurately determine that the minimum
(B) After the examination if repair or
operations performed by qualified approach distance is being maintained.
refinishing is not performed, unless the
employees.
tool is made of FRP rod or foam-filled (3) Extra precautions. If, during
(2) Inspection before use. The critical operation of the mechanical equipment,
FRP tube and the employer can
safety components of mechanical the equipment could become energized,
demonstrate that the tool has no defects
elevating and rotating equipment shall the operation shall also comply with at
that could cause it to fail in use.
receive a thorough visual inspection least one of paragraphs (d)(3)(i) through
(iv) The test method used shall be before use on each shift.
designed to verify the tool’s integrity (d)(3)(iii) of this section.
along its entire working length and, if Note to paragraph (a)(2) of this section: (i) The energized lines exposed to
the tool is made of fiberglass-reinforced Critical safety components of mechanical contact shall be covered with insulating
elevating and rotating equipment are protective material that will withstand
plastic, its integrity under wet components whose failure would result in a
conditions. free fall or free rotation of the boom.
the type of contact that might be made
(v) The voltage applied during the during the operation.
tests shall be as follows: (3) Operator. The operator of an (ii) The equipment shall be insulated
(A) 246,100 volts per meter (75,000 electric line truck may not leave his or for the voltage involved. The equipment
volts per foot) of length for 1 minute if her position at the controls while a load shall be positioned so that its
the tool is made of fiberglass, or is suspended, unless the employer can uninsulated portions cannot approach
(B) 164,000 volts per meter (50,000 demonstrate that no employee the lines or equipment any closer than
volts per foot) of length for 1 minute if (including the operator) might be the minimum approach distances
the tool is made of wood, or endangered. specified in Table V–2 through Table V–
(C) Other tests that the employer can (b) Outriggers. (1) Extend outriggers. 6 in § 1926.960.
demonstrate are equivalent. Vehicular equipment, if provided with (iii) Each employee shall be protected
Note to paragraph (b) of this section:
outriggers, shall be operated with the from hazards that might arise from
Guidelines for the examination, cleaning, outriggers extended and firmly set as equipment contact with the energized
repairing, and in-service testing of live-line necessary for the stability of the specific lines. The measures used shall ensure
tools are contained in the Institute of configuration of the equipment. that employees will not be exposed to
Electrical and Electronics Engineers’ IEEE Outriggers may not be extended or hazardous differences in potential.
Guide for Maintenance Methods on retracted outside of clear view of the Unless the employer can demonstrate
Energized Power Lines, IEEE Std. 516–2003. operator unless all employees are that the methods in use protect each
outside the range of possible equipment employee from the hazards that might
§ 1926.958 Materials handling and storage. motion. arise if the equipment contacts the
(a) General. Materials handling and (2) Operation without outriggers. If energized line, the measures used shall
storage shall conform to the the work area or the terrain precludes include all of the following techniques:
requirements of Subpart N of this Part. the use of outriggers, the equipment (A) Using the best available ground to
(b) Materials storage near energized may be operated only within its minimize the time the lines remain
lines or equipment. (1) Unrestricted maximum load ratings for the particular energized,
areas. In areas not restricted to qualified configuration of the equipment without (B) Bonding equipment together to
persons only, materials or equipment outriggers. minimize potential differences,
may not be stored closer to energized (c) Applied loads. Mechanical (C) Providing ground mats to extend
lines or exposed energized parts of equipment used to lift or move lines or areas of equipotential, and
equipment than the following distances other material shall be used within its (D) Employing insulating protective
plus an amount providing for the maximum load rating and other design equipment or barricades to guard
maximum sag and side swing of all limitations for the conditions under against any remaining hazardous
conductors and providing for the height which the work is being performed. potential differences.
Note to paragraph (d)(3)(iii) of this section: that no employee approaches or takes energized at a potential different from
Appendix C to this Subpart contains any conductive object closer to exposed the employee.
information on hazardous step and touch energized parts than set forth in Table (2) Working without electrical
potentials and on methods of protecting protective equipment. If work is
employees from hazards resulting from such
V–2 through Table V–6, unless:
potentials. (i) The employee is insulated from the performed near exposed parts energized
energized part (insulating gloves or at more than 600 volts but not more
§ 1926.960 Working on or near exposed insulating gloves and sleeves worn in than 72.5 kilovolts and if the employee
energized parts. accordance with paragraph (c)(2) of this is not insulated from the energized parts
(a) Application. This section applies section are considered insulation of the or performing live-line bare-hand work,
to work on exposed live parts, or near employee from the energized part upon the employee shall work from a position
enough to them, to expose the employee which the employee is working where the employee cannot reach into
to any hazard they present. provided that the employee has control the minimum approach distance given
(b) General. (1) Qualified employees of the part in a manner sufficient to in paragraph (c)(1) of this section.
only. (i) Only qualified employees may prevent exposure to uninsulated (e) Making connections. The employer
work on or with exposed energized lines portions of the body), or shall ensure that connections are made
or parts of equipment. (ii) The energized part is insulated as follows:
(ii) Only qualified employees may from the employee and from any other (1) Connecting. In connecting
work in areas containing unguarded, conductive object at a different deenergized equipment or lines to an
uninsulated energized lines or parts of potential, or energized circuit by means of a
equipment operating at 50 volts or more. (iii) The employee is insulated from conducting wire or device, an employee
(2) Treat as energized. Electric lines any other exposed conductive object, as shall first attach the wire to the
and equipment shall be considered and during live-line bare-hand work. deenergized part;
treated as energized unless they have (2) Disconnecting. When
Note to paragraph (c)(1) of this section: disconnecting equipment or lines from
been deenergized in accordance with Paragraph (f)(1) of § 1926.966 contains
§ 1926.961. requirements for the guarding and isolation
an energized circuit by means of a
(3) At least two employees. (i) Except of live parts. Parts of electric circuits that conducting wire or device, an employee
as provided in paragraph (b)(3)(ii) of meet these two provisions are not considered shall remove the source end first; and
this section, at least two employees as ‘‘exposed’’ unless a guard is removed or (3) Loose conductors. When lines or
shall be present while the following an employee enters the space intended to equipment are connected to or
types of work are being performed: provide isolation from the live parts. disconnected from energized circuits,
(A) Installation, removal, or repair of (2) Type of insulation. (i) If the loose conductors shall be kept away
lines that are energized at more than 600 employee is to be insulated from from exposed energized parts.
volts, (f) Conductive articles. When work is
energized parts by the use of insulating
(B) Installation, removal, or repair of performed within reaching distance of
gloves (under paragraph (c)(1)(i) of this
deenergized lines if an employee is exposed energized parts of equipment,
section), insulating sleeves shall also be
exposed to contact with other parts the employer shall ensure that each
used. However, insulating sleeves need
energized at more than 600 volts, employee removes or renders
not be used under the following
(C) Installation, removal, or repair of nonconductive all exposed conductive
conditions:
equipment, such as transformers, articles, such as key or watch chains,
(A) If exposed energized parts on
capacitors, and regulators, if an rings, or wrist watches or bands, unless
which work is not being performed are
employee is exposed to contact with such articles do not increase the hazards
insulated from the employee and
parts energized at more than 600 volts, associated with contact with the
(B) If such insulation is placed from
(D) Work involving the use of energized parts.
a position not exposing the employee’s (g) Clothing. (1) Hazard assessment.
mechanical equipment, other than upper arm to contact with other
insulated aerial lifts, near parts The employer shall assess the
energized parts. workplace to determine if each
energized at more than 600 volts, and
(ii) If the employee is to be insulated employee is exposed to hazards from
(E) Other work that exposes an
from energized parts by the use of flames or from electric arcs.
employee to electrical hazards greater
insulating gloves or insulating gloves (2) Estimate of available heat energy.
than or equal to those posed by
with sleeves, For each employee exposed to hazards
operations that are specifically listed in
paragraphs (b)(3)(i)(A) through (A) The insulating gloves and sleeves from electric arcs, the employer shall
(b)(3)(i)(D) of this section. shall be put on in a position where the make a reasonable estimate of the
(ii) Paragraph (b)(3) of this section employee cannot reach into the maximum available heat energy to
does not apply to the following minimum approach distance given in which the employee would be exposed.
operations: paragraph (c)(1) of this section; and
(B) The insulating gloves and sleeves Note 1 to paragraph (g)(2) of this section:
(A) Routine switching of circuits, if Appendix F to this Subpart provides
the employer can demonstrate that may not be removed until the employee guidance on the estimation of available heat
conditions at the site allow this work to is in a position where he or she cannot energy.
be performed safely, reach into the minimum approach
(B) Work performed with live-line distance given in paragraph (c)(1) of this Note 2 to paragraph (g)(2) of this section:
tools if the employee is positioned so section. This paragraph does not require the employer
that he or she is neither within reach of (d) Working position. (1) Working to estimate the heat energy exposure for
from below. The employer shall ensure every job task performed by each employee.
nor otherwise exposed to contact with The employer may make broad estimates that
energized parts, and that each employee, to the extent that
cover multiple system areas provided the
(C) Emergency repairs to the extent other safety-related conditions at the employer uses reasonable assumptions about
necessary to safeguard the general worksite permit, works in a position the energy exposure distribution throughout
public. from which a slip or shock will not the system and provided the estimates
(c) Live work. (1) Minimum approach bring the employee’s body into contact represent the maximum exposure for those
distances. The employer shall ensure with exposed, uninsulated parts areas. For example, the employer could
estimate the heat energy just outside a (ii) The employee’s clothing could be employer shall ensure that tools or
substation feeding a radial distribution ignited by flammable material in the gloves rated for the voltage are used.
system and use that estimate for all jobs work area that could be ignited by an When expulsion-type fuses are installed
performed on that radial system. electric arc, or with one or both terminals energized at
(iii) The employee’s clothing could be more than 300 volts, the employer shall
(3) Prohibited clothing. The employer
ignited by molten metal or electric arcs ensure that each employee wears eye
shall ensure that each employee who is
from faulted conductors in the work protection meeting the requirements of
exposed to hazards from electric arcs
area. Subpart E of this Part, uses a tool rated
does not wear clothing that could melt
onto his or her skin or that could ignite Note to paragraph (g)(4)(iii) of this section: for the voltage, and is clear of the
and continue to burn when exposed to This paragraph does not apply to conductors exhaust path of the fuse barrel.
that are capable of carrying, without failure, (i) Covered (noninsulated)
the heat energy estimated under the maximum available fault current for the
paragraph (g)(2) of this section. conductors. The requirements of this
time the circuit protective devices take to section which pertain to the hazards of
Note to paragraph (g)(3) of this section: interrupt the fault.
exposed live parts also apply when
Clothing made from the following types of (5) Clothing rating. The employer work is performed in the proximity of
fabrics, either alone or in blends, is shall ensure that each employee who is covered (noninsulated) wires.
prohibited by this paragraph, unless the exposed to hazards from electric arcs
employer can demonstrate that the fabric has (j) Noncurrent-carrying metal parts.
wears clothing with an arc rating greater Noncurrent-carrying metal parts of
been treated to withstand the conditions that
may be encountered or that the clothing is
than or equal to the heat energy equipment or devices, such as
worn in such a manner as to eliminate the estimated under paragraph (g)(2) of this transformer cases and circuit breaker
hazard involved: acetate, nylon, polyester, section. housings, shall be treated as energized
rayon. Note to paragraph (g) of this section: See at the highest voltage to which they are
Appendix F to this subpart for further exposed, unless the employer inspects
(4) Flame-resistant clothing. The information on the selection of appropriate the installation and determines that
employer shall ensure that an employee clothing. these parts are grounded before work is
wears clothing that is flame resistant (h) Fuse handling. When fuses must performed.
under any of the following conditions: be installed or removed with one or (k) Opening circuits under load.
(i) The employee is subject to contact both terminals energized at more than Devices used to open circuits under
with energized circuit parts operating at 300 volts or with exposed parts load conditions shall be designed to
more than 600 volts, energized at more than 50 volts, the interrupt the current involved.
TABLE V–2.—A–C LIVE-LINE WORK MINIMUM APPROACH DISTANCE

Distance
Nominal voltage in kilovolts phase to phase Phase-to-ground exposure Phase-to-phase exposure
m ft-in m ft-in
0.051 to 0.300 1 ......................................................................................................... Avoid contact Avoid contact

0.301 to 0.750 1 ......................................................................................................... 0.31 1–0 0.31 1–0
0.751 to 15.0 .............................................................................................................. 0.65 2–2 0.67 2–3
15.1 to 36.0 ................................................................................................................ 0.77 2–7 0.86 2–10
36.1 to 46.0 ................................................................................................................ 0.84 2–9 0.96 3–2
46.1 to 72.5 ................................................................................................................ 1.00 3–3 1.20 3–11
72.6 to 121 ................................................................................................................. 0.95 3–2 1.29 4–3
138 to 145 .................................................................................................................. 1.09 3–7 1.50 4–11
161 to 169 .................................................................................................................. 1.22 4–0 1.71 5–8
230 to 242 .................................................................................................................. 1.59 5–3 2.27 7–6
345 to 362 .................................................................................................................. 2.59 8–6 3.80 12–6
500 to 550 .................................................................................................................. 3.42 11–3 5.50 18–1
765 to 800 .................................................................................................................. 4.53 14–11 7.91 26–0
1 For single-phase systems, use the voltage to ground.
Note 1: These distances take into consideration the highest switching surge an employee will be exposed to on any system with air as the in-
sulating medium and the maximum voltages shown.
Note 2: The clear live-line tool distance shall equal or exceed the values for the indicated voltage ranges.
Note 3: See Appendix B to this subpart for information on how the minimum approach distances listed in the tables were derived.
TABLE V–3.—A–C LIVE-LINE WORK MINIMUM APPROACH DISTANCE WITH OVERVOLTAGE FACTOR
PHASE-TO-GROUND EXPOSURE
Distance in meters
Maximum phase-to-phase voltage in

Maximum anticipated per-unit transient overvoltage kilovolts
121 145 169 242 362 552 800
1.5 .................................................................................................................... ............ ............ ............ ............ ............ 1.82 2.95

1.6 .................................................................................................................... ............ ............ ............ ............ ............ 1.97 3.23
1.7 .................................................................................................................... ............ ............ ............ ............ ............ 2.13 3.54
1.8 .................................................................................................................... ............ ............ ............ ............ ............ 2.29 3.86
1.9 .................................................................................................................... ............ ............ ............ ............ ............ 2.47 4.19
PHASE-TO-GROUND EXPOSURE
Distance in meters

121 145 169 242 362 552 800
2.0 .................................................................................................................... 0.74 0.83 0.92 1.16 1.59 2.65 4.53

2.1 .................................................................................................................... 0.76 0.85 0.95 1.21 1.65 2.83 ............
2.2 .................................................................................................................... 0.78 0.88 0.98 1.25 1.74 3.01 ............
2.3 .................................................................................................................... 0.80 0.91 1.01 1.29 1.84 3.20 ............
2.4 .................................................................................................................... 0.82 0.93 1.04 1.33 1.94 3.42 ............
2.5 .................................................................................................................... 0.84 0.96 1.07 1.38 2.04 ............ ............
2.6 .................................................................................................................... 0.86 0.98 1.10 1.42 2.14 ............ ............
2.7 .................................................................................................................... 0.88 1.01 1.13 1.45 2.25 ............ ............
2.8 .................................................................................................................... 0.91 1.03 1.16 1.50 2.36 ............ ............
2.9 .................................................................................................................... 0.93 1.06 1.19 1.54 2.47 ............ ............
3.0 .................................................................................................................... 0.95 1.09 1.22 1.59 2.59 ............ ............
Note 1: The distances specified in this table may be applied only where the maximum anticipated per-unit transient overvoltage has been de-
termined by engineering analysis and has been supplied by the employer. Table V–2 applies otherwise.
Note 2: The distances specified in this table are the air, bare-hand, and live-line tool distances.
Note 3: See Appendix B to this subpart for information on how the minimum approach distances listed in the tables were derived and on how
to calculate revised minimum approach distances based on the control of transient overvoltages.
PHASE-TO-GROUND EXPOSURE (CONTINUED)
Distance in feet-inches

121 145 169 242 362 552 800
1.5 .................................................................................................................... ............ ............ ............ ............ ............ 6–0 9–8

1.6 .................................................................................................................... ............ ............ ............ ............ ............ 6–6 10–8
1.7 .................................................................................................................... ............ ............ ............ ............ ............ 7–0 11–8
1.8 .................................................................................................................... ............ ............ ............ ............ ............ 7–7 12–8
1.9 .................................................................................................................... ............ ............ ............ ............ ............ 8–1 13–9
2.0 .................................................................................................................... 2–5 2–9 3–0 3–10 5–3 8–9 114–11
2.1 .................................................................................................................... 2–6 2–10 3–2 4–0 5–5 9–4 ............
2.2 .................................................................................................................... 2–7 2–11 3–3 4–1 5–9 9–11 ............
2.3 .................................................................................................................... 2–8 3–0 3–4 4–3 6–1 10–6 ............
2.4 .................................................................................................................... 2–9 3–1 3–5 4–5 6–4 11–3 ............
2.5 .................................................................................................................... 2–9 3–2 3–6 4–6 6–8 ............ ............
2.6 .................................................................................................................... 2–10 3–3 3–8 4–8 7–1 ............ ............
2.7 .................................................................................................................... 2–11 3–4 3–9 4–10 7–5 ............ ............
2.8 .................................................................................................................... 3–0 3–5 3–10 4–11 7–9 ............ ............
2.9 .................................................................................................................... 3–1 3–6 3–11 5–1 8–2 ............ ............
3.0 .................................................................................................................... 3–2 3–7 4–0 5–3 8–6 ............ ............
Note 3: See Appendix B to this Subpart for information on how the minimum approach distances listed in the tables were derived and on how
PHASE-TO-PHASE EXPOSURE
Distance in meters

121 145 169 242 362 552 800
1.5 .................................................................................................................... ............ ............ ............ ............ ............ 2.24 3.67

1.6 .................................................................................................................... ............ ............ ............ ............ ............ 2.65 4.42
1.7 .................................................................................................................... ............ ............ ............ ............ ............ 3.08 5.23
1.8 .................................................................................................................... ............ ............ ............ ............ ............ 3.53 6.07
1.9 .................................................................................................................... ............ ............ ............ ............ ............ 4.01 6.97
2.0 .................................................................................................................... 1.08 1.24 1.41 1.85 2.61 4.52 7.91
2.1 .................................................................................................................... 1.10 1.27 1.44 1.89 2.68 4.75 ............
PHASE-TO-PHASE EXPOSURE
Distance in meters

121 145 169 242 362 552 800
2.2 .................................................................................................................... 1.12 1.29 1.47 1.93 2.78 4.98 ............

2.3 .................................................................................................................... 1.14 1.32 1.50 1.97 2.90 5.21 ............
2.4 .................................................................................................................... 1.16 1.35 1.53 2.01 3.02 5.50 ............
2.5 .................................................................................................................... 1.18 1.37 1.56 2.06 3.14 ............ ............
2.6 .................................................................................................................... 1.21 1.40 1.59 2.10 3.27 ............ ............
2.7 .................................................................................................................... 1.23 1.43 1.62 2.13 3.40 ............ ............
2.8 .................................................................................................................... 1.25 1.45 1.65 2.19 3.53 ............ ............
2.9 .................................................................................................................... 1.27 1.48 1.68 2.22 3.67 ............ ............
3.0 .................................................................................................................... 1.29 1.50 1.71 2.27 3.80 ............ ............
PHASE-TO-PHASE EXPOSURE (CONTINUED)
Distance in Meters

121 145 169 242 362 552 800
1.5 .................................................................................................................... ............ ............ ............ ............ ............ 7–4 12–1

1.6 .................................................................................................................... ............ ............ ............ ............ ............ 8–9 14–6
1.7 .................................................................................................................... ............ ............ ............ ............ ............ 10–2 17–2
1.8 .................................................................................................................... ............ ............ ............ ............ ............ 11–7 19–11
1.9 .................................................................................................................... ............ ............ ............ ............ ............ 13–2 22–11
2.0 .................................................................................................................... 3–7 4–1 4–8 6–1 8–7 14–10 26–0
2.1 .................................................................................................................... 3–7 4–1 4–9 6–3 8–10 15–7 ............
2.2 .................................................................................................................... 3–8 4–3 4–10 6–4 9–2 16–4 ............
2.3 .................................................................................................................... 3–9 4–4 4–11 6–6 9–6 17–2 ............
2.4 .................................................................................................................... 3–10 4–5 5–0 6–7 9–11 18–1 ............
2.5 .................................................................................................................... 3–11 4–6 5–2 6–9 10–4 ............ ............
2.6 .................................................................................................................... 4–0 4–7 5–3 6–11 10–9 ............ ............
2.7 .................................................................................................................... 4–1 4–8 5–4 7–0 11–2 ............ ............
2.8 .................................................................................................................... 4–1 4–9 5–5 7–2 11–7 ............ ............
2.9 .................................................................................................................... 4–2 4–10 5–6 7–4 12–1 ............ ............
3.0 .................................................................................................................... 4–3 4–11 5–8 7–6 12–6 ............ ............
TABLE V–5.—D–C LIVE-LINE MINIMUM APPROACH DISTANCE WITH OVERVOLTAGE FACTOR
Maximum anticipated per-unit Distance in meters (feet-inches)

transient overvoltage Maximum line-to-ground voltage in kilovolts
250 400 500 600 750
1.5 or lower .................................. 1.12 (3–8) 1.60 (5–3) 2.06 (6–9) 2.62 (8–7) 3.61 (11–10)
1.6 ................................................ 1.17 (3–10) 1.69 (5–7) 2.24 (7–4) 2.86 (9–5) 3.98 (13–1)
1.7 ................................................ 1.23 (4–1) 1.82 (6–0) 2.42 (7–11) 3.12 (10–3) 4.37 (14–4)
1.8 ................................................ 1.28 (4–3) 1.95 (6–5) 2.62 (8–7) 3.39 (11–2) 4.79 (15–9)
Note 1: The distance specified in this table may be applied only where the maximum anticipated per-unit transient overvoltage has been deter-
mined by engineering analysis and has been supplied by the employer. However, if the transient overvoltage factor is not known, a factor of 1.8
shall be assumed.
TABLE V–6.—ALTITUDE CORRECTION FACTOR

Altitude Correction
factor
m ft
900 ................................................................................................ 3000 ............................................................................................. 1.00

1200 .............................................................................................. 4000 ............................................................................................. 1.02
1500 .............................................................................................. 5000 ............................................................................................. 1.05
1800 .............................................................................................. 6000 ............................................................................................. 1.08
2100 .............................................................................................. 7000 ............................................................................................. 1.11
2400 .............................................................................................. 8000 ............................................................................................. 1.14
2700 .............................................................................................. 9000 ............................................................................................. 1.17
3000 .............................................................................................. 10000 ........................................................................................... 1.20
3600 .............................................................................................. 12000 ........................................................................................... 1.25
4200 .............................................................................................. 14000 ........................................................................................... 1.30
4800 .............................................................................................. 16000 ........................................................................................... 1.35
5400 .............................................................................................. 18000 ........................................................................................... 1.39
6000 .............................................................................................. 20000 ........................................................................................... 1.44
Note: If the work is performed at elevations greater than 900 m (3000 ft) above mean sea level, the minimum approach distance shall be de-
termined by multiplying the distances in Table V–2 through Table V–5 by the correction factor corresponding to the altitude at which work is
performed.
§ 1926.961 Deenergizing lines and reenergizing the lines or equipment if been given a clearance by the system
equipment for employee protection. there is no system operator in charge of operator, the lines and equipment to be
(a) Application. This section applies the lines or equipment. worked shall be tested to ensure that
to the deenergizing of transmission and (4) Disconnecting means accessible to they are deenergized.
distribution lines and equipment for the general public. Any disconnecting (6) Install grounds. Protective grounds
purpose of protecting employees. means that are accessible to persons shall be installed as required by
Conductors and parts of electric outside the employer’s control (for § 1926.962.
equipment that have been deenergized example, the general public) shall be (7) Consider lines and equipment
under procedures other than those rendered inoperable while they are open deenergized. After the applicable
required by this section shall be treated for the purpose of protecting employees. requirements of paragraphs (c)(1)
as energized. (c) Deenergizing lines and equipment. through (c)(6) of this section have been
(b) General. (1) System operator. If a (1) Request to deenergize. A designated followed, the lines and equipment
system operator is in charge of the lines employee shall make a request of the involved may be worked as deenergized.
or equipment and their means of system operator to have the particular (8) Transferring clearances. To
disconnection, all of the requirements of section of line or equipment transfer the clearance, the employee in
paragraph (c) of this section shall be deenergized. The designated employee charge (or, if the employee in charge is
observed, in the order given. becomes the employee in charge (as this forced to leave the worksite due to
(2) No system operator. If no system term is used in paragraph (c) of this illness or other emergency, the
operator is in charge of the lines or section) and is responsible for the employee’s supervisor) shall inform the
equipment and their means of clearance. system operator; employees in the crew
disconnection, one employee in the (2) Open disconnecting means. All shall be informed of the transfer; and
crew shall be designated as being in switches, disconnectors, jumpers, taps, the new employee in charge shall be
charge of the clearance. All of the and other means through which known responsible for the clearance.
requirements of paragraph (c) of this sources of electric energy may be (9) Releasing clearances. To release a
section apply, in the order given, except supplied to the particular lines and clearance, the employee in charge shall:
as provided in paragraph (b)(3)(i) of this equipment to be deenergized shall be (i) Notify each employee under his or
section. The employee in charge of the opened. Such means shall be rendered her direction that the clearance is to be
clearance shall take the place of the inoperable, unless its design does not so released;
system operator, as necessary. permit, and tagged to indicate that (ii) Determine that all employees in
(3) Number of crews working. (i) If employees are at work. the crew are clear of the lines and
only one crew will be working on the (3) Automatically and remotely equipment;
lines or equipment and if the means of controlled switches. Automatically and (iii) Determine that all protective
disconnection is accessible and visible remotely controlled switches that could grounds installed by the crew have been
to and under the sole control of the cause the opened disconnecting means removed; and
employee in charge of the clearance, to close shall also be tagged at the point (iv) Report this information to the
paragraphs (c)(1), (c)(3), (c)(4), and of control. The automatic or remote system operator and release the
(c)(11) of this section do not apply. control feature shall be rendered clearance.
Additionally, tags required by the inoperable, unless its design does not so (10) Person releasing clearance. The
remaining provisions of paragraph (c) of permit. person releasing a clearance shall be the
this section need not be used. (4) Tags. Tags shall prohibit operation same person who requested the
(ii) If two or more independent crews of the disconnecting means and shall clearance, unless responsibility has
will be working on the same lines or indicate that employees are at work. been transferred under paragraph (c)(8)
equipment, each crew shall (5) Test for energized condition. After of this section.
independently comply with the the applicable requirements in (11) Removal of tags. Tags may not be
requirements in paragraph (c) of this paragraphs (c)(1) through (c)(4) of this removed unless the associated clearance
section. The independent crews shall section have been followed and the has been released under paragraph (c)(9)
coordinate deenergizing and employee in charge of the work has of this section.
(12) Reenergizing lines and (B) The conductor is only considered during tests. During the test procedure,
equipment. Only after all protective as grounded where it is protected the employer shall ensure that each
grounds have been removed, after all against failure by the protective employee uses insulating equipment
crews working on the lines or grounding equipment, and and is isolated from any hazards
equipment have released their (C) No employees would be involved, and the employer shall
clearances, after all employees are clear endangered by the failed conductor. institute any additional measures as
of the lines and equipment, and after all (iii) This equipment shall have an may be necessary to protect each
protective tags have been removed from ampacity greater than or equal to that of exposed employee in case the
a given point of disconnection, may No. 2 AWG copper. previously grounded lines and
action be initiated to reenergize the (2) Impedance. Protective grounds equipment become energized.
lines or equipment at that point of shall have an impedance low enough so
disconnection. that they do not delay the operation of § 1926.963 Testing and test facilities.
protective devices in case of accidental (a) Application. This section provides
§ 1926.962 Grounding for the protection of energizing of the lines or equipment. for safe work practices for high-voltage
employees.
and high-power testing performed in
(a) Application. This section applies Note to paragraph (d) of this section:
Guidelines for protective grounding laboratories, shops, and substations, and
to the grounding of transmission and in the field and on electric transmission
equipment are contained in American
distribution lines and equipment for the and distribution lines and equipment. It
Society for Testing and Materials Standard
purpose of protecting employees. Specifications for Temporary Protective applies only to testing involving interim
Paragraph (d) of this section also applies Grounds to Be Used on De-Energized Electric measurements utilizing high voltage,
to the protective grounding of other Power Lines and Equipment, ASTM F 855– high power, or combinations of both,
equipment as required elsewhere in this 03. and not to testing involving continuous
Subpart. measurements as in routine metering,
(b) General. For any employee to work (e) Testing. Before any ground is
installed, lines and equipment shall be relaying, and normal line work.
lines or equipment as deenergized, the
lines or equipment shall be deenergized tested and found absent of nominal Note to paragraph (a) of this section:
under the provisions of § 1926.961 and voltage, unless a previously installed Routine inspection and maintenance
shall be grounded as specified in ground is present. measurements made by qualified employees
(f) Connecting and removing grounds. are considered to be routine line work and
paragraphs (c) through (h) of this are not included in the scope of this section,
section. However, if the employer can (1) Order of connection. When a ground
is to be attached to a line or to as long as the hazards related to the use of
demonstrate that installation of a intrinsic high-voltage or high-power sources
ground is impracticable or that the equipment, the ground-end connection
require only the normal precautions
conditions resulting from the shall be attached first, and then the associated with routine operation and
installation of a ground would present other end shall be attached by means of maintenance work required in the other
greater hazards than working without a live-line tool. For lines or equipment paragraphs of this section. Two typical
grounds, the lines and equipment may operating at 600 volts or less, insulating examples of such excluded test work
be treated as deenergized provided all of equipment other than a live-line tool procedures are ‘‘phasing-out’’ testing and
may be used if the employer ensures testing for a ‘‘no-voltage’’ condition.
the following conditions are met:
(1) Deenergized. The lines and that the line or equipment is not
energized at the time the ground is (b) General requirements. (1) Safe
equipment have been deenergized under work practices. The employer shall
the provisions of § 1926.961. connected or if the employer can
demonstrate that each employee would establish and enforce work practices for
(2) No possibility of contact. There is the protection of each worker from the
no possibility of contact with another be protected from hazards that may
develop if the line or equipment is hazards of high-voltage or high-power
energized source. testing at all test areas, temporary and
(3) No induced voltage. The hazard of energized.
(2) Order of removal. When a ground permanent. Such work practices shall
induced voltage is not present. include, as a minimum, test area
(c) Equipotential zone. Temporary is to be removed, the grounding device
shall be removed from the line or guarding, grounding, and the safe use of
protective grounds shall be placed at
equipment using a live-line tool before measuring and control circuits. A means
such locations and arranged in such a
the ground-end connection is removed. providing for periodic safety checks of
manner as to prevent each employee
For lines or equipment operating at 600 field test areas shall also be included.
from being exposed to hazardous
volts or less, insulating equipment other (See paragraph (f) of this section.)
differences in electrical potential.
(d) Protective grounding equipment. than a live-line tool may be used if the (2) Training. Employees shall be
(1) Ampacity. (i) Protective grounding employer ensures that the line or trained in safe work practices upon their
equipment shall be capable of equipment is not energized at the time initial assignment to the test area, with
conducting the maximum fault current the ground is disconnected or if the periodic reviews and updates provided
that could flow at the point of employer can demonstrate that each as required by § 1926.950(b).
grounding for the time necessary to employee would be protected from (c) Guarding of test areas. (1)
clear the fault. hazards that may develop if the line or Guarding. Guarding shall be provided
(ii) If the protective grounding equipment is energized. within test areas to control access to test
equipment required under paragraph (g) Additional precautions. When equipment or to apparatus under test
(d)(1)(i) of this section would be larger work is performed on a cable at a that may become energized as part of
than the conductor to which it is location remote from the cable terminal, the testing by either direct or inductive
attached, this equipment may be the cable may not be grounded at the coupling, in order to prevent accidental
reduced in size provided that it is sized cable terminal if there is a possibility of employee contact with energized parts.
and placed so that: hazardous transfer of potential should a (2) Permanent test areas. Permanent
(A) The conductor being grounded fault occur. test areas shall be guarded by walls,
will fail before the protective grounding (h) Removal of grounds for test. fences, or barriers designed to keep
equipment, Grounds may be removed temporarily employees out of the test areas.
(3) Temporary test areas. In field Note to paragraph (d)(3)(ii) of this section: test observer shall be present. The test
testing, or at a temporary test site where See Appendix C to this Subpart for observer shall be capable of
permanent fences and gates are not information on measures that can be taken to implementing the immediate
protect employees from hazardous step and
provided, one of the following means touch potentials.
deenergizing of test circuits for safety
shall be used to prevent unauthorized purposes.
employees from entering: (4) Equipment grounding conductors. (f) Safety check. (1) Before each test.
(i) The test area shall be guarded by In tests in which grounding of test Safety practices governing employee
the use of distinctively colored safety equipment by means of the equipment work at temporary or field test areas
tape that is supported approximately grounding conductor located in the shall provide for a routine check of such
waist high and to which safety signs are equipment power cord cannot be used test areas for safety at the beginning of
attached, due to increased hazards to test each series of tests.
(ii) The test area shall be guarded by personnel or the prevention of (2) Conditions to be checked. The test
a barrier or barricade that limits access satisfactory measurements, a ground operator in charge shall conduct these
to the test area to a degree equivalent, that the employer can demonstrate routine safety checks before each series
physically and visually, to the barricade affords equivalent safety shall be of tests and shall verify at least the
specified in paragraph (c)(3)(i) of this provided, and the safety ground shall be following conditions:
section, or clearly indicated in the test set-up. (i) That barriers and guards are in
(iii) The test area shall be guarded by (5) Grounding after tests. When the workable condition and are properly
one or more test observers stationed so test area is entered after equipment is placed to isolate hazardous areas;
that the entire area can be monitored. deenergized, a ground shall be placed (ii) That system test status signals, if
(4) Removal of barriers. The barriers on the high-voltage terminal and any used, are in operable condition;
required by paragraph (c)(3) of this other exposed terminals. (iii) That test power disconnects are
section shall be removed when the (i) High capacitance equipment or clearly marked and readily available in
protection they provide is no longer apparatus shall be discharged through a an emergency;
needed. resistor rated for the available energy. (iv) That ground connections are
(d) Grounding practices. (1) Establish (ii) A direct ground shall be applied clearly identifiable;
and implement practices. The employer to the exposed terminals when the (v) That personal protective
shall establish and implement safe stored energy drops to a level at which equipment is provided and used as
grounding practices for the test facility. it is safe to do so. required by Subpart E of this Part and
(i) All conductive parts accessible to (6) Grounding test vehicles. If a test by this section; and
the test operator during the time the trailer or test vehicle is used in field (vi) That signal, ground, and power
equipment is operating at high voltage testing, its chassis shall be grounded. cables are properly separated.
shall be maintained at ground potential Protection against hazardous touch
§ 1926.964 Overhead lines.
except for portions of the equipment potentials with respect to the vehicle,
that are isolated from the test operator instrument panels, and other conductive (a) General. (1) Application. This
by guarding. parts accessible to employees shall be section provides additional
(ii) Wherever ungrounded terminals provided by bonding, insulation, or requirements for work performed on or
of test equipment or apparatus under isolation. near overhead lines and equipment.
test may be present, they shall be treated (e) Control and measuring circuits. (1) (2) Checking structure before
as energized until determined by tests to Control wiring. Control wiring, meter climbing. Before elevated structures,
be deenergized. connections, test leads and cables may such as poles or towers, are subjected to
(2) Installation of grounds. Visible not be run from a test area unless they such stresses as climbing or the
grounds shall be applied, either are contained in a grounded metallic installation or removal of equipment
automatically or manually with sheath and terminated in a grounded may impose, the employer shall
properly insulated tools, to the high- metallic enclosure or unless other ascertain that the structures are capable
voltage circuits after they are precautions are taken that the employer of sustaining the additional or
deenergized and before work is can demonstrate as ensuring equivalent unbalanced stresses. If the pole or other
performed on the circuit or item or safety. structure cannot withstand the loads
apparatus under test. Common ground (2) Instruments. Meters and other which will be imposed, it shall be
connections shall be solidly connected instruments with accessible terminals or braced or otherwise supported so as to
to the test equipment and the apparatus parts shall be isolated from test prevent failure.
under test. personnel to protect against hazards Note to paragraph (a)(2) of this section:
(3) Isolated ground return. In high- arising from such terminals and parts Appendix D to this Subpart contains test
power testing, an isolated ground-return becoming energized during testing. If methods that can be used in ascertaining
conductor system shall be provided so this isolation is provided by locating whether a wood pole is capable of sustaining
that no intentional passage of current, test equipment in metal compartments the forces that would be imposed by an
with its attendant voltage rise, can occur with viewing windows, interlocks shall employee climbing the pole. This paragraph
in the ground grid or in the earth. also requires the employer to ascertain that
be provided to interrupt the power
the pole can sustain all other forces that will
However, an isolated ground-return supply if the compartment cover is be imposed by the work to be performed.
conductor need not be provided if the opened.
employer can demonstrate that both the (3) Routing temporary wiring. The (3) Setting and moving poles. (i) When
following conditions are met: routing and connections of temporary poles are set, moved, or removed near
(i) An isolated ground-return wiring shall be made secure against exposed energized overhead conductors,
conductor cannot be provided due to damage, accidental interruptions, and the pole may not contact the
the distance of the test site from the other hazards. To the maximum extent conductors.
electric energy source, and possible, signal, control, ground, and (ii) When a pole is set, moved, or
(ii) Employees are protected from any power cables shall be kept separate. removed near an exposed energized
hazardous step and touch potentials that (4) Test observer. If employees will be overhead conductor, the employer shall
may develop during the test. present in the test area during testing, a ensure that each employee wears
electrical protective equipment or uses (iii) The grounds required in (2) Existing conditions. Before any
insulated devices when handling the paragraph (b)(4)(i) of this section shall employee uses the live-line bare-hand
pole and that no employee contacts the be removed as the last phase of aerial technique on energized high-voltage
pole with uninsulated parts of his or her cleanup. conductors or parts, the following
body. (iv) If employees are working on bare information shall be ascertained:
(iii) To protect employees from falling conductors, grounds shall also be (i) The nominal voltage rating of the
into holes into which poles are to be installed at each location where these circuit on which the work is to be
placed, the holes shall be attended by employees are working, and grounds performed,
employees or physically guarded shall be installed at all open dead-end (ii) The minimum approach distances
whenever anyone is working nearby. or catch-off points or the next adjacent to ground of lines and other energized
(b) Installing and removing overhead structure. parts on which work is to be performed,
lines. The following provisions apply to (v) If two bare conductors are to be and
the installation and removal of overhead spliced, the conductors shall be bonded (iii) The voltage limitations of
conductors or cable. and grounded before being spliced. equipment to be used.
(1) Tension stringing method. The (5) Safe operating condition. Reel (3) Insulated tools and equipment.
employer shall use the tension stringing handling equipment, including pulling The insulated equipment, insulated
method, barriers, or other equivalent and tensioning devices, shall be in safe tools, and aerial devices and platforms
measures to minimize the possibility operating condition and shall be leveled used shall be designed, tested, and
that conductors and cables being and aligned. intended for live-line bare-hand work.
installed or removed will contact (6) Load ratings. Load ratings of Tools and equipment shall be kept clean
energized power lines or equipment. stringing lines, pulling lines, conductor and dry while they are in use.
(2) Conductors, cables, and pulling grips, load-bearing hardware and (4) Disable automatic-reclosing
and tensioning equipment. The accessories, rigging, and hoists may not feature. The automatic-reclosing feature
protective measures required by be exceeded. of circuit-interrupting devices
§ 1926.959(d)(3) for mechanical (7) Defective pulling lines. Pulling protecting the lines shall be made
equipment shall also be provided for lines and accessories shall be repaired inoperative, if the design of the devices
conductors, cables, and pulling and or replaced when defective. permits.
tensioning equipment when the (8) Conductor grips. Conductor grips (5) Adverse weather conditions. Work
conductor or cable is being installed or may not be used on wire rope, unless may not be performed when adverse
removed close enough to energized the grip is specifically designed for this weather conditions would make the
conductors that any of the following application. work hazardous even after the work
failures could energize the pulling or (9) Communications. Reliable practices required by this section are
tensioning equipment or the wire or communications, through two-way employed. Additionally, work may not
cable being installed or removed: radios or other equivalent means, shall be performed when winds reduce the
(i) Failure of the pulling or tensioning be maintained between the reel tender phase-to-phase or phase-to-ground
equipment, and the pulling rig operator. minimum approach distances at the
(ii) Failure of the wire or cable being (10) Operation of pulling rig. The work location below that specified in
pulled, or pulling rig may only be operated when paragraph (c)(13) of this section, unless
(iii) Failure of the previously installed it is safe to do so. the grounded objects and other lines
lines or equipment. and equipment are covered by
(3) Disable automatic-reclosing Note to paragraph (b)(10) of this section:
Examples of unsafe conditions include: insulating guards.
feature. If the conductors being installed
employees in locations prohibited by Note to paragraph (c)(5) of this section:
or removed cross over energized
paragraph (b)(11) of this section, conductor Thunderstorms in the immediate vicinity,
conductors in excess of 600 volts and if and pulling line hang-ups, and slipping of
the design of the circuit-interrupting high winds, snow storms, and ice storms are
the conductor grip. examples of adverse weather conditions that
devices protecting the lines so permits,
are presumed to make live-line bare-hand
the automatic-reclosing feature of these (11) Working under overhead
work too hazardous to perform safely.
devices shall be made inoperative. operations. While the conductor or
(4) Induced voltage. Before lines are pulling line is being pulled (in motion) (6) Bucket liners and electrostatic
installed parallel to existing energized with a power-driven device, employees shielding. A conductive bucket liner or
lines, the employer shall make a are not permitted directly under other conductive device shall be
determination of the approximate overhead operations or on the cross arm, provided for bonding the insulated
voltage to be induced in the new lines, except as necessary to guide the aerial device to the energized line or
or work shall proceed on the stringing sock or board over or through equipment.
assumption that the induced voltage is the stringing sheave. (i) The employee shall be connected
hazardous. Unless the employer can (c) Live-line bare-hand work. In to the bucket liner or other conductive
demonstrate that the lines being addition to other applicable provisions device by the use of conductive shoes,
installed are not subject to the induction contained in this section, the following leg clips, or other means.
of a hazardous voltage or unless the requirements apply to live-line bare- (ii) Where differences in potentials at
lines are treated as energized, the hand work: the worksite pose a hazard to
following requirements also apply: (1) Training. Before using or employees, electrostatic shielding
(i) Each bare conductor shall be supervising the use of the live-line bare- designed for the voltage being worked
grounded in increments so that no point hand technique on energized circuits, shall be provided.
along the conductor is more than 3.22 employees shall be trained in the (7) Bonding the employee to the
km (2 miles) from a ground. technique and in the safety energized part. Before the employee
(ii) The grounds required in paragraph requirements of paragraph (c) of this contacts the energized part, the
(b)(4)(i) of this section shall be left in section. Employees shall receive conductive bucket liner or other
place until the conductor installation is refresher training as required by conductive device shall be bonded to
completed between dead ends. § 1926.950(b). the energized conductor by means of a
positive connection. This connection (15) Positioning bucket near energized Note to paragraph (d)(4) of this section:
shall remain attached to the energized bushing or insulator string. While the Thunderstorms in the immediate vicinity,
conductor until the work on the bucket is positioned alongside an high winds, snow storms, and ice storms are
energized circuit is completed. energized bushing or insulator string, examples of adverse weather conditions that
are presumed to make this work too
(8) Aerial lift controls. Aerial lifts to the phase-to-ground minimum approach hazardous to perform, except under
be used for live-line bare-hand work distances of Table V–2 through Table V– emergency conditions.
shall have dual controls (lower and 6 shall be maintained between all parts
upper) as follows: of the bucket and the grounded end of
§ 1926.965 Underground electrical
(i) The upper controls shall be within the bushing or insulator string or any installations.
easy reach of the employee in the other grounded surface.
(a) Application. This section provides
bucket. On a two-bucket-type lift, access (16) Hand lines. Hand lines may not
additional requirements for work on
to the controls shall be within easy be used between the bucket and the
underground electrical installations.
reach from either bucket. boom or between the bucket and the
(b) Access. A ladder or other climbing
(ii) The lower set of controls shall be ground. However, nonconductive-type
device shall be used to enter and exit a
located near the base of the boom, and hand lines may be used from conductor
manhole or subsurface vault exceeding
they shall be so designed that they can to ground if not supported from the
1.22 m (4 feet) in depth. No employee
override operation of the equipment at bucket. Ropes used for live-line bare-
may climb into or out of a manhole or
any time. hand work may not be used for other
vault by stepping on cables or hangers.
(9) Operation of lower controls. Lower purposes.
(c) Lowering equipment into
(ground-level) lift controls may not be (17) Passing objects to employee.
manholes. Equipment used to lower
operated with an employee in the lift, Uninsulated equipment or material may
materials and tools into manholes or
except in case of emergency. not be passed between a pole or
vaults shall be capable of supporting the
(10) Check controls. Before employees structure and an aerial lift while an
weight to be lowered and shall be
are elevated into the work position, all employee working from the bucket is
checked for defects before use. Before
controls (ground level and bucket) shall bonded to an energized part.
tools or material are lowered into the
be checked to determine that they are in (18) Table of minimum approach opening for a manhole or vault, each
proper working condition. distances. A minimum approach employee working in the manhole or
(11) Body of aerial lift truck. Before distance table reflecting the minimum vault shall be clear of the area directly
the boom of an aerial lift is elevated, the approach distances listed in Table V–2 under the opening.
body of the truck shall be grounded, or through Table V–6 shall be printed on (d) Attendants for manholes and
the body of the truck shall be barricaded a plate of durable nonconductive vaults. (1) When required. While work is
and treated as energized. material. This table shall be mounted so being performed in a manhole or vault
(12) Boom-current test. A boom- as to be visible to the operator of the containing energized electric
current test shall be made before work boom. equipment, an employee with first aid
is started each day, each time during the (19) Nonconductive measuring device. and CPR training meeting
day when higher voltage is encountered, A nonconductive measuring device § 1926.951(b)(1) shall be available on
and when changed conditions indicate shall be readily accessible to assist the surface in the immediate vicinity of
a need for an additional test. This test employees in maintaining the required the manhole or vault entrance to render
shall consist of placing the bucket in minimum approach distance. emergency assistance.
contact with an energized source equal (d) Towers and structures. The (2) Brief entries allowed.
to the voltage to be encountered for a following requirements apply to work Occasionally, the employee on the
minimum of 3 minutes. The leakage performed on towers or other structures surface may briefly enter a manhole or
current may not exceed 1 microampere that support overhead lines. vault to provide assistance, other than
per kilovolt of nominal phase-to-ground (1) Working beneath towers and emergency.
voltage. Work from the aerial lift shall structures. The employer shall ensure
be immediately suspended upon that no employee is under a tower or Note 1 to paragraph (d)(2) of this section:
indication of a malfunction in the structure while work is in progress, An attendant may also be required under
except where the employer can § 1926.953(h). One person may serve to fulfill
equipment.
both requirements. However, attendants
(13) Minimum approach distance. demonstrate that such a working required under § 1926.953(h) are not
The minimum approach distances position is necessary to assist employees permitted to enter the manhole or vault.
specified in Table V–2 through Table V– working above.
6 in § 1926.960 shall be maintained (2) Tag lines. Tag lines or other Note 2 to paragraph (d)(2) of this section:
from all grounded objects and from lines similar devices shall be used to Employees entering manholes or vaults
and equipment at a potential different maintain control of tower sections being containing unguarded, uninsulated energized
from that to which the live-line bare- raised or positioned, unless the lines or parts of electric equipment operating
at 50 volts or more are required to be
hand equipment is bonded, unless such employer can demonstrate that the use
qualified under § 1926.960(b).
grounded objects and other lines and of such devices would create a greater
equipment are covered by insulating hazard. (3) Entry without attendant. For the
guards. (3) Disconnecting load lines. The purpose of inspection, housekeeping,
(14) Approaching, leaving, and loadline may not be detached from a taking readings, or similar work, an
bonding to energized part. While an member or section until the load is employee working alone may enter, for
employee is approaching, leaving, or safely secured. brief periods of time, a manhole or vault
bonding to an energized circuit, the (4) Adverse weather conditions. where energized cables or equipment
minimum approach distances in Table Except during emergency restoration are in service, if the employer can
V–2 through Table V–6 shall be procedures, work shall be discontinued demonstrate that the employee will be
maintained between the employee and when adverse weather conditions would protected from all electrical hazards.
any grounded parts, including the lower make the work hazardous in spite of the (4) Communications. Reliable
boom and portions of the truck. work practices required by this section. communications, through two-way
radios or other equivalent means, shall cable sheath shall be treated as only by location, as permitted under
be maintained among all employees energized. paragraph (f)(1) of this section, or
involved in the job. (iii) If live parts operating at more
(e) Duct rods. If duct rods are used, § 1926.966 Substations. than 600 volts to ground are located
they shall be installed in the direction (a) Application. This section provides within the room or space, unless:
presenting the least hazard to additional requirements for substations (A) The live parts are enclosed within
employees. An employee shall be and for work performed in them. grounded, metal-enclosed equipment
stationed at the far end of the duct line (b) Access and working space. whose only openings are designed so
being rodded to ensure that the required Sufficient access and working space that foreign objects inserted in these
minimum approach distances are shall be provided and maintained about openings will be deflected from
maintained. electric equipment to permit ready and energized parts, or
(f) Multiple cables. When multiple safe operation and maintenance of such (B) The live parts are installed at a
cables are present in a work area, the equipment. height above ground and any other
cable to be worked shall be identified by working surface that provides protection
Note to paragraph (b) of this section:
electrical means, unless its identity is Guidelines for the dimensions of access and
at the voltage to which they are
obvious by reason of distinctive working space about electric equipment in energized corresponding to the
appearance or location or by other substations are contained in American protection provided by a 2.4-meter (8-
readily apparent means of National Standard National Electrical Safety foot) height at 50 volts.
identification. Cables other than the one Code, ANSI C2–2002. Installations meeting (2) Prevent access by unqualified
being worked shall be protected from the ANSI provisions comply with paragraph persons. The rooms and spaces shall be
damage. (b) of this section. An installation that does so enclosed within fences, screens,
not conform to this ANSI standard will, partitions, or walls as to minimize the
(g) Moving cables. Energized cables
nonetheless, be considered as complying possibility that unqualified persons will
that are to be moved shall be inspected with paragraph (b) of this section if the
for defects. enter.
employer can demonstrate that the
(h) Protection against faults. (1) (3) Restricted entry. Unqualified
installation provides ready and safe access
Defective cables. Where a cable in a based on the following evidence: persons may not enter the rooms or
manhole or vault has one or more (1) That the installation conforms to the spaces while the electric supply lines or
abnormalities that could lead to or be an edition of ANSI C2 that was in effect at the equipment are energized.
indication of an impending fault, the time the installation was made, (4) Warning signs. Signs warning
defective cable shall be deenergized (2) That the configuration of the unqualified persons to keep out shall be
before any employee may work in the installation enables employees to maintain displayed at entrances to the rooms and
the minimum approach distances required by spaces.
manhole or vault, except when service § 1926.960(c)(1) while they working on
load conditions and a lack of feasible (5) Entrances to rooms. Entrances to
exposed, energized parts, and rooms and spaces that are not under the
alternatives require that the cable (3) That the precautions taken when work
remain energized. In that case, observation of an attendant shall be kept
is performed on the installation provide
employees may enter the manhole or protection equivalent to the protection that
locked.
would be provide by access and working
(f) Guarding of energized parts. (1)
vault provided they are protected from
space meeting ANSI C2–2002. Type of guarding. Guards shall be
the possible effects of a failure by
provided around all live parts operating
shields or other devices that are capable (c) Draw-out-type circuit breakers. at more than 150 volts to ground
of containing the adverse effects of a When draw-out-type circuit breakers are without an insulating covering, unless
fault. removed or inserted, the breaker shall the location of the live parts gives
Note to paragraph (h)(1) of this section: be in the open position. The control sufficient horizontal or vertical or a
Abnormalities such as oil or compound circuit shall also be rendered combination of these clearances to
leaking from cable or joints, broken cable inoperative, if the design of the minimize the possibility of accidental
sheaths or joint sleeves, hot localized surface equipment permits. employee contact.
temperatures of cables or joints, or joints that (d) Substation fences. Conductive
are swollen beyond normal tolerance are fences around substations shall be Note to paragraph (f)(1) of this section:
presumed to lead to or be an indication of an Guidelines for the dimensions of clearance
impending fault.
grounded. When a substation fence is distances about electric equipment in
expanded or a section is removed, fence substations are contained in American
(2) Work-related faults. If the work grounding continuity shall be National Standard National Electrical Safety
being performed in a manhole or vault maintained, and bonding shall be used Code, ANSI C2–2002. Installations meeting
could cause a fault in a cable, that cable to prevent electrical discontinuity. the ANSI provisions comply with paragraph
shall be deenergized before any (e) Guarding of rooms containing (f)1. of this section. An installation that does
employee may work in the manhole or electric supply equipment. (1) When not conform to this ANSI standard will,
vault, except when service load guarding of rooms is required. Rooms nonetheless, be considered as complying
with paragraph (f)(1) of this section if the
conditions and a lack of feasible and spaces in which electric supply employer can demonstrate that the
alternatives require that the cable lines or equipment are installed shall installation provides sufficient clearance
remain energized. In that case, meet the requirements of paragraphs based on the following evidence:
employees may enter the manhole or (e)(2) through (e)(3) of this section under 1. That the installation conforms to the
vault provided they are protected from the following conditions: edition of ANSI C2 that was in effect at the
the possible effects of a failure by (i) If exposed live parts operating at 50 time the installation was made,
shields or other devices that are capable to 150 volts to ground are located within 2. That each employee is isolated from
of containing the adverse effects of a 8 feet of the ground or other working energized parts at the point of closest
approach, and
fault. surface inside the room or space, 3. That the precautions taken when work
(i) Sheath continuity. When work is (ii) If live parts operating at 151 to 600 is performed on the installation provide
performed on buried cable or on cable volts to ground and located within 8 feet protection equivalent to the protection that
in a manhole or vault, metallic sheath of the ground or other working surface would be provide by horizontal and vertical
continuity shall be maintained or the inside the room or space are guarded clearances meeting ANSI C2–2002.
(2) Maintaining guards during secondary circuit, the circuit shall be a common load), the requirements of
operation. Except for fuse replacement bridged so that the current transformer § 1926.960 apply if the lines or
and other necessary access by qualified secondary will not be opened. equipment are to be worked as
persons, the guarding of energized parts (c) Series streetlighting. (1) Applicable energized, and the requirements of
within a compartment shall be requirements. If the open-circuit voltage §§ 1926.961 and 1926.962 apply if the
maintained during operation and exceeds 600 volts, the series lines or equipment are to be worked as
maintenance functions to prevent streetlighting circuit shall be worked in deenergized.
accidental contact with energized parts accordance with § 1926.964 or (i) Lasers. Laser equipment shall be
and to prevent tools or other equipment § 1926.965, as appropriate. installed, adjusted, and operated in
from being dropped on energized parts. (2) Opening a series loop. A series accordance with § 1926.54.
(3) Temporary removal of guards. loop may only be opened after the (j) Hydraulic fluids. Hydraulic fluids
When guards are removed from streetlighting transformer has been used for the insulated sections of
energized equipment, barriers shall be deenergized and isolated from the equipment shall provide insulation for
installed around the work area to source of supply or after the loop is the voltage involved. These fluids need
prevent employees who are not working bridged to avoid an open-circuit not meet § 1926.302(d)(1).
on the equipment, but who are in the condition. (k) Communication facilities. (1)
area, from contacting the exposed live (d) Illumination. Sufficient Microwave transmission. (i) The
parts. illumination shall be provided to enable employer shall ensure that no employee
(g) Substation entry. (1) Report upon the employee to perform the work looks into an open waveguide or
entering. Upon entering an attended safely. antenna that is connected to an
substation, each employee other than Note to paragraph (d) of this section: See energized microwave source.
those regularly working in the station § 1926.56 for specific levels of illumination. (ii) If the electromagnetic radiation
shall report his or her presence to the level within an accessible area
employee in charge in order to receive (e) Protection against drowning. (1)
associated with microwave
information on special system Personal flotation devices. Whenever an
communications systems exceeds the
conditions affecting employee safety. employee may be pulled or pushed or
radiation protection guide given in
(2) Job briefing. The job briefing may fall into water where the danger of
§ 1910.97(a)(2) of this chapter, the area
required by § 1926.952 shall cover such drowning exists, the employee shall be
shall be posted with the warning symbol
additional subjects as the location of provided with and shall use personal
described in § 1910.97(a)(3) of this
energized equipment in or adjacent to flotation devices meeting § 1926.106.
chapter. The lower half of the warning
the work area and the limits of any (2) Maintaining flotation devices in
symbol shall include the following
deenergized work area. safe condition. Each personal flotation
statements or ones that the employer
device shall be maintained in safe
can demonstrate are equivalent:
§ 1926.967 Special conditions. condition and shall be inspected
frequently enough to ensure that it does Radiation in this area may exceed hazard
(a) Capacitors. The following
not have rot, mildew, water saturation, limitations and special precautions are
additional requirements apply to work required. Obtain specific instruction before
on capacitors and on lines connected to or any other condition that could render
entering.
capacitors. the device unsuitable for use.
(3) Crossing bodies of water. An (iii) When an employee works in an
Note to paragraph (a) of this section: See employee may cross streams or other area where the electromagnetic
§§ 1926.961 and 1926.962 for requirements
pertaining to the deenergizing and grounding
bodies of water only if a safe means of radiation could exceed the radiation
of capacitor installations. passage, such as a bridge, is provided. protection guide, the employer shall
(f) Excavations. Excavation operations institute measures that ensure that the
(1) Disconnect from energized source. shall comply with Subpart P of this Part. employee’s exposure is not greater than
Before employees work on capacitors, (g) Employee protection in public that permitted by that guide. Such
the capacitors shall be disconnected work areas. (1) Traffic control devices. measures may include administrative
from energized sources and, after a wait Traffic control signs and traffic control and engineering controls and personal
of at least 5 minutes from the time of devices used for the protection of protective equipment.
disconnection, short-circuited. employees shall meet the requirements (2) Power line carrier. Power line
(2) Short circuiting units. Before the of § 1926.200(g)(2). carrier work, including work on
units are handled, each unit in series- (2) Controlling traffic. Before work is equipment used for coupling carrier
parallel capacitor banks shall be short- begun in the vicinity of vehicular or current to power line conductors, shall
circuited between all terminals and the pedestrian traffic that may endanger be performed in accordance with the
capacitor case or its rack. If the cases of employees, warning signs or flags and requirements of this section pertaining
capacitors are on ungrounded substation other traffic control devices shall be to work on energized lines.
racks, the racks shall be bonded to placed in conspicuous locations to alert
ground. and channel approaching traffic. § 1926.968 Definitions applicable to this
(3) Short circuiting connected lines. (3) Barricades. Where additional subpart.
Any line to which capacitors are employee protection is necessary, Affected employee. An employee
connected shall be short-circuited barricades shall be used. whose job requires him or her to operate
before it is considered deenergized. (4) Excavated areas. Excavated areas or use a machine or equipment on
(b) Current transformer secondaries. shall be protected with barricades. which servicing or maintenance is being
The secondary of a current transformer (5) Warning lights. At night, warning performed under lockout or tagout, or
may not be opened while the lights shall be prominently displayed. whose job requires him or her to work
transformer is energized. If the primary (h) Backfeed. If there is a possibility in an area in which such servicing or
of the current transformer cannot be of voltage backfeed from sources of maintenance is being performed.
deenergized before work is performed cogeneration or from the secondary Attendant. An employee assigned to
on an instrument, a relay, or other system (for example, backfeed from remain immediately outside the
section of a current transformer more than one energized phase feeding entrance to an enclosed or other space
to render assistance as needed to Contract employer. An employer who difference, or electrically charged so as
employees inside the space. performs work covered by Subpart V of to have a potential significantly
Authorized employee. An employee this Part for a host employer. different from that of earth in the
who locks out or tags out machines or Covered conductor. A conductor vicinity.
equipment in order to perform servicing covered with a dielectric having no Energy isolating device. A physical
or maintenance on that machine or rated insulating strength or having a device that prevents the transmission or
equipment. An affected employee rated insulating strength less than the release of energy, including, but not
becomes an authorized employee when voltage of the circuit in which the limited to, the following: a manually
that employee’s duties include conductor is used. operated electric circuit breaker, a
performing servicing or maintenance Current-carrying part. A conducting disconnect switch, a manually operated
covered under this section. part intended to be connected in an switch, a slide gate, a slip blind, a line
Automatic circuit recloser. A self- electric circuit to a source of voltage. valve, blocks, and any similar device
controlled device for interrupting and Noncurrent-carrying parts are those not with a visible indication of the position
reclosing an alternating current circuit intended to be so connected. of the device. (Push buttons, selector
with a predetermined sequence of Deenergized. Free from any electrical switches, and other control-circuit-type
opening and reclosing followed by connection to a source of potential devices are not energy isolating
resetting, hold-closed, or lockout difference and from electric charge; not devices.)
operation. having a potential different from that of Energy source. Any electrical,
Barricade. A physical obstruction the earth. mechanical, hydraulic, pneumatic,
such as tapes, cones, or A-frame type Note: The term is used only with reference
chemical, nuclear, thermal, or other
wood or metal structures intended to to current-carrying parts, which are energy source that could cause injury to
provide a warning about and to limit sometimes energized (alive). personnel.
access to a hazardous area. Entry (as used in § 1926.953). The
Barrier. A physical obstruction which Designated employee (designated action by which a person passes through
is intended to prevent contact with person). An employee (or person) who an opening into an enclosed space.
energized lines or equipment or to is assigned by the employer to perform Entry includes ensuing work activities
prevent unauthorized access to a work specific duties under the terms of this in that space and is considered to have
area. section and who has sufficient occurred as soon as any part of the
Bond. The electrical interconnection knowledge of the construction and entrant’s body breaks the plane of an
of conductive parts designed to operation of the equipment and the opening into the space.
maintain a common electrical potential. hazards involved to perform his or her Equipment (electric). A general term
Bus. A conductor or a group of duties safely. including material, fittings, devices,
conductors that serve as a common Electric line truck. A truck used to appliances, fixtures, apparatus, and the
connection for two or more circuits. transport personnel, tools, and material like used as part of or in connection
Bushing. An insulating structure, for electric supply line work. with an electrical installation.
including a through conductor or Electric supply equipment. Equipment Exposed. Not isolated or guarded.
providing a passageway for such a that produces, modifies, regulates, Ground. A conducting connection,
conductor, with provision for mounting controls, or safeguards a supply of whether intentional or accidental,
on a barrier, conducting or otherwise, electric energy. between an electric circuit or equipment
for the purposes of insulating the Electric supply lines. (See Lines, and the earth, or to some conducting
conductor from the barrier and electric supply.) body that serves in place of the earth.
conducting current from one side of the Electric utility. An organization Grounded. Connected to earth or to
barrier to the other. responsible for the installation, some conducting body that serves in
Cable. A conductor with insulation, operation, or maintenance of an electric place of the earth.
or a stranded conductor with or without supply system. Guarded. Covered, fenced, enclosed,
insulation and other coverings (single- Enclosed space. A working space, or otherwise protected, by means of
conductor cable), or a combination of such as a manhole, vault, tunnel, or suitable covers or casings, barrier rails
conductors insulated from one another shaft, that has a limited means of egress or screens, mats, or platforms, designed
(multiple-conductor cable). or entry, that is designed for periodic to minimize the possibility, under
Cable sheath. A conductive protective employee entry under normal operating normal conditions, of dangerous
covering applied to cables. conditions, and that under normal approach or accidental contact by
conditions does not contain a hazardous persons or objects.
Note: A cable sheath may consist of atmosphere, but that may contain a
multiple layers of which one or more is hazardous atmosphere under abnormal Note: Wires that are insulated, but not
conductive. otherwise protected, are not considered as
conditions.
guarded.
Circuit. A conductor or system of Note: Spaces that are enclosed but not
conductors through which an electric designed for employee entry under normal Hazardous atmosphere. An
current is intended to flow. operating conditions are not considered to be atmosphere that may expose employees
Clearance (between objects). The clear enclosed spaces for the purposes of this to the risk of death, incapacitation,
distance between two objects measured section. Similarly, spaces that are enclosed impairment of ability to self-rescue (that
surface to surface. and that are expected to contain a hazardous is, escape unaided from an enclosed
Clearance (for work). Authorization to atmosphere are not considered to be enclosed space), injury, or acute illness from one
perform specified work or permission to spaces for the purposes of this section. Such or more of the following causes:
enter a restricted area. spaces meet the definition of permit spaces (1) Flammable gas, vapor, or mist in
Communication lines. (See Lines, in § 1910.146 of this chapter, and entry into excess of 10 percent of its lower
them must be performed in accordance with
communication.) that standard.
flammable limit (LFL);
Conductor. A material, usually in the (2) Airborne combustible dust at a
form of a wire, cable, or bus bar, used Energized (alive, live). Electrically concentration that meets or exceeds its
for carrying an electric current. connected to a source of potential LFL;
Note: This concentration may be installation covered by Subpart V of this their necessary supporting or containing
approximated as a condition in which the Part and who hires a contract employer structures. Signal lines of more than 400
dust obscures vision at a distance of 1.52 m to perform work on that installation. volts are always supply lines within this
(5 feet) or less. Immediately dangerous to life or section, and those of less than 400 volts
(3) Atmospheric oxygen concentration health (IDLH). Any condition that poses are considered as supply lines, if so run
below 19.5 percent or above 23.5 an immediate or delayed threat to life or and operated throughout.
percent; that would cause irreversible adverse Manhole. A subsurface enclosure
(4) Atmospheric concentration of any health effects or that would interfere which personnel may enter and which
substance for which a dose or a with an individual’s ability to escape is used for the purpose of installing,
permissible exposure limit is published unaided from a permit space. operating, and maintaining submersible
in Subpart G, Occupational Health and equipment or cable.
Note: Some materials—hydrogen fluoride Manhole steps. A series of steps
Environmental Control, or in Subpart Z, gas and cadmium vapor, for example—may
Toxic and Hazardous Substances, of this produce immediate transient effects that,
individually attached to or set into the
Part and which could result in even if severe, may pass without medical walls of a manhole structure.
employee exposure in excess of its dose attention, but are followed by sudden, Minimum approach distance. The
or permissible exposure limit; possibly fatal collapse 12–72 hours after closest distance an employee is
exposure. The victim ‘‘feels normal’’ from permitted to approach an energized or a
Note: An atmospheric concentration of any recovery from transient effects until collapse. grounded object.
substance that is not capable of causing Such materials in hazardous quantities are Qualified employee (qualified
death, incapacitation, impairment of ability considered to be ‘‘immediately’’ dangerous to
to self-rescue, injury, or acute illness due to
person). One knowledgeable in the
life or health. construction and operation of the
its health effects is not covered by this
provision. Insulated. Separated from other electric power generation, transmission,
conducting surfaces by a dielectric and distribution equipment involved,
(5) Any other atmospheric condition along with the associated hazards.
(including air space) offering a high
that is immediately dangerous to life or
resistance to the passage of current. Note 1: An employee must have the
health.
training required by § 1926.950(b)(2) in order
Note: When any object is said to be
Note: For air contaminants for which to be considered a qualified employee.
insulated, it is understood to be insulated for
OSHA has not determined a dose or the conditions to which it is normally
permissible exposure limit, other sources of Note 2: Except under § 1926.954(b)(3)(iii),
subjected. Otherwise, it is, within the
information, such as Material Safety Data an employee who is undergoing on-the-job
purpose of this section, uninsulated.
Sheets that comply with the Hazard training and who, in the course of such
Communication Standard, § 1926.1200, Insulation (cable). That which is training, has demonstrated an ability to
published information, and internal relied upon to insulate the conductor perform duties safely at his or her level of
documents can provide guidance in training and who is under the direct
from other conductors or conducting supervision of a qualified person is
establishing acceptable atmospheric
conditions.
parts or from ground. considered to be a qualified person for the
Line-clearance tree trimming. The performance of those duties.
High-power tests. Tests in which fault pruning, trimming, repairing,
currents, load currents, magnetizing maintaining, removing, or clearing of Step bolt. A bolt or rung attached at
currents, and line-dropping currents are trees or the cutting of brush that is intervals along a structural member and
used to test equipment, either at the within 3.05 m (10 feet) of electric used for foot placement during climbing
equipment’s rated voltage or at lower supply lines and equipment. or standing.
voltages. Lines. (1) Communication lines. The Switch. A device for opening and
High-voltage tests. Tests in which conductors and their supporting or closing or for changing the connection
voltages of approximately 1000 volts are containing structures which are used for of a circuit. In this section, a switch is
used as a practical minimum and in public or private signal or understood to be manually operable,
which the voltage source has sufficient communication service, and which unless otherwise stated.
energy to cause injury. operate at potentials not exceeding 400 System operator. A qualified person
High wind. A wind of such velocity volts to ground or 750 volts between any designated to operate the system or its
that the following hazards would be two points of the circuit, and the parts.
present: transmitted power of which does not Vault. An enclosure, above or below
(1) An employee would be exposed to exceed 150 watts. If the lines are ground, which personnel may enter and
being blown from elevated locations, or operating at less than 150 volts, no limit which is used for the purpose of
(2) An employee or material handling is placed on the transmitted power of installing, operating, or maintaining
equipment could lose control of the system. Under certain conditions, equipment or cable.
Vented vault. A vault that has
material being handled, or communication cables may include
provision for air changes using exhaust
(3) An employee would be exposed to communication circuits exceeding these
flue stacks and low level air intakes
other hazards not controlled by the limitations where such circuits are also
operating on differentials of pressure
standard involved. used to supply power solely to
and temperature providing for airflow
communication equipment.
Note: Winds exceeding 64.4 kilometers per that precludes a hazardous atmosphere
hour (40 miles per hour), or 48.3 kilometers Note: Telephone, telegraph, railroad signal, from developing.
per hour (30 miles per hour) if material data, clock, fire, police alarm, cable Voltage. The effective (rms) potential
handling is involved, are normally television, and other systems conforming to difference between any two conductors
considered as meeting this criteria unless this definition are included. Lines used for or between a conductor and ground.
precautions are taken to protect employees signaling purposes, but not included under
from the hazardous effects of the wind.
Voltages are expressed in nominal
this definition, are considered as electric
supply lines of the same voltage.
values unless otherwise indicated. The
Host employer. An employer who nominal voltage of a system or circuit is
operates and maintains an electric (2) Electric supply lines. Conductors the value assigned to a system or circuit
power transmission or distribution used to transmit electric energy and of a given voltage class for the purpose
of convenient designation. The minimum approach distance requirements can be done safely without risk of electrical
operating voltage of the system may contained in § 1926.960(c)(1) and flashover.
vary above or below this value. § 1926.964(c). The technical criteria and The distance between the employee and an
methodology presented herein is mandatory energized part must withstand the maximum
Appendix A to Subpart V—Flow Charts for employers using reduced minimum transient overvoltage that can reach the work
approach distances as permitted in Table V– site under the working conditions and
For information, in the form of flow charts, 2 and Table V–3 in § 1926.960. This
that helps illustrate the scope and practices in use. Normal system design may
Appendix is intended to provide essential
application of subpart V of this part, see provide or include a means to control
background information and technical
Appendix A to § 1910.269 of this chapter. criteria for the development or modification, transient overvoltages, or temporary devices
That appendix addresses the interface if possible, of the safe minimum approach may be employed to achieve the same result.
between § 1910.269 of this chapter and distances for electric transmission and The use of technically correct practices or
subpart S of part 1910 of this chapter distribution live-line work. The development procedures to control overvoltages (for
(Electrical), between § 1910.269 and of these safe distances must be undertaken by example, portable gaps or preventing the
§ 1910.146 of this chapter (Permit-required persons knowledgeable in the techniques automatic control from initiating breaker
confined spaces), and between § 1910.269 discussed in this appendix and competent in reclosing) enables line design and operation
and § 1910.147 of this chapter (the control of the field of electric transmission and to be based on reduced transient overvoltage
hazardous energy (lockout/tagout)). The flow distribution system design. values. Technical information for U.S.
charts presented in that Appendix provide
electrical systems indicates that current
guidance for employers trying to implement II. General
the requirements of § 1910.269 in design provides for the following maximum
A. Definitions. The following definitions transient overvoltage values (usually
combination with other General Industry from § 1926.968 of this part relate to work on
Standards contained in part 1910 of this produced by switching surges):
or near transmission and distribution lines
chapter. Because subpart V of this part also and equipment and the electrical hazards 362 kV and less—3.0 per unit
interfaces these general industry standards, they present. 552 kV—2.4 per unit
Appendix A to § 1910.269 of this chapter will Exposed. Not isolated or guarded. 800 kV—2.0 per unit
assist employers in determining which of Guarded. Covered, fenced, enclosed, or Additional discussion of maximum
these standards applies in different otherwise protected, by means of suitable transient overvoltages can be found in
situations.
covers or casings, barrier rails or screens, paragraph III.A.2, later in this Appendix.
Appendix B to Subpart V—Working on mats, or platforms, designed to minimize the
possibility, under normal conditions, of III. Determination of the Electrical
Exposed Energized Parts Component of Minimum Approach
dangerous approach or accidental contact by
I. Introduction persons or objects. Distances
Electric transmission and distribution line Note: Wires which are insulated, but not A. Voltages of 1.1 kV to 72.5 kV. For
installations have been designed to meet otherwise protected, are not considered as voltages of 1.1 kV to 72.5 kV, the electrical
National Electrical Safety Code (NESC), ANSI guarded. component of minimum approach distances
C2, requirements and to provide the level of Insulated. Separated from other conducting is based on American National Standards
line outage performance required by system surfaces by a dielectric (including air space) Institute (ANSI)/American Institute of
reliability criteria. Transmission and offering a high resistance to the passage of Electrical Engineers (AIEE) Standard No.4,
distribution lines are also designed to current. March 1943, Tables III and IV. (AIEE is the
withstand the maximum overvoltages predecessor technical society to the Institute
expected to be impressed on the system. Note: When any object is said to be
insulated, it is understood to be insulated for of Electrical and Electronic Engineers (IEEE).)
Such overvoltages can be caused by such
conditions as switching surges, faults, or the conditions to which it is normally These distances are represented by the
lightning. Insulator design and lengths and subjected. Otherwise, it is, within the following formula:
the clearances to structural parts (which, for purpose of this section, uninsulated. Equation (1)—For voltages of 1.1 kV to 72.5
low voltage through extra-high voltage, or B. Installations energized at 50 to 300 kV:
EHV, facilities, are generally based on the volts. The hazards posed by installations
1.63
performance of the line as a result of energized at 50 to 300 volts are the same as
 Vmax × pu 
contamination of the insulation or during those found in many other workplaces. That D=
storms) have, over the years, come closer to is not to say that there is no hazard, but the  95 
the minimum approach distances used by complexity of electrical protection required Where: D = Electrical component of the
workers (which are generally based on non- does not compare to that required for high minimum approach distance in air in
storm conditions). Thus, as minimum voltage systems. The employee must avoid feet
approach (working) distances and structural contact with the exposed parts, and the
Vmax = Maximum rated line-to-ground rms
distances (clearances) converge, it is protective equipment used (such as rubber
voltage in kV
increasingly important that basic insulating gloves) must provide insulation for
pu = Maximum transient overvoltage factor
considerations for establishing safe approach the voltages involved.
distances for performing work be understood C. Exposed energized parts over 300 volts in per unit
by the designers and the operating and AC. Table V–1, Table V–2, Table V–3, and Source: AIEE Standard No. 4, 1943.
maintenance personnel involved. Table V–4 of § 1926.960 of this part provide Table 1 shows the electrical component of
The information in this Appendix will minimum approach distances in the vicinity the minimum approach distances based on
assist employers in complying with the of energized electric apparatus so that work that AIEE standard.
TABLE 1.—A–C ENERGIZED LINE WORK PHASE-TO-GROUND ELECTRICAL COMPONENT OF THE MINIMUM APPROACH
DISTANCE 1.1 TO 72.5 KV
Phase-to-phase voltage
Maximum anticipated per-unit transient overvoltage 15,000 36,000 46,000 72,500
m ft m ft m ft m ft
3.0 .................................................................................................... 0.04 0.17 0.16 0.58 0.23 0.75 0.39 1.25
EP15JN05.005</MATH>
Note: The distances given are for air as the calculated according to the following pu = Maximum anticipated transient
insulating medium and provide no additional formula: overvoltage, in per unit (p.u.)
clearance for inadvertent movement. Equation (2)—For voltages of 72.6 kV to Vmax = Maximum rms system line-to-ground
B. Voltages of 72.6 kV to 800 kV. For 800 kV: voltage in kilovolts—it should be the
voltages of 72.6 kV to 800 kV, the electrical ‘‘actual’’ maximum, or the normal
component of minimum approach distances D = (C + a ) × pu × Vmax highest voltage for the range (for
is based on ANSI/IEEE Standard 516–1987, example, 10 percent above the nominal
‘‘IEEE Guide for Maintenance Methods on Where: D = Electrical component of the
minimum approach distance in air in voltage)
Energized Power Lines.’’ This standard gives
the electrical component of the minimum feet Source: Formula developed from ANSI/
approach distance based on power frequency C = 0.01 to take care of correction factors IEEE Standard No. 516, 1987.
rod-gap data, supplemented with transient associated with the variation of gap This formula is used to calculate the
overvoltage information and a saturation sparkover with voltage electrical component of the minimum
factor for high voltages. The distances listed a = A factor relating to the saturation of air approach distances in air and is used in the
in ANSI/IEEE Standard 516 have been at voltages of 345 kV or higher development of Table 2 and Table 3.
DISTANCE 121 TO 242 KV
Maximum anticipated per-unit transient overvoltage 121,000 145,000 169,000 242,000
m ft m ft m ft m ft
2.0 .................................................................................................... 0.44 1.40 0.53 1.70 0.62 2.00 0.86 2.80
2.1 .................................................................................................... 0.46 1.47 0.55 1.79 0.65 2.10 0.91 2.94
2.2 .................................................................................................... 0.48 1.54 0.58 1.87 0.68 2.20 0.95 3.08
2.3 .................................................................................................... 0.50 1.61 0.61 1.96 0.71 2.30 0.99 3.22
2.4 .................................................................................................... 0.52 1.68 0.63 2.04 0.74 2.40 1.03 3.35
2.5 .................................................................................................... 0.54 1.75 0.66 2.13 0.77 2.50 1.08 3.50
2.6 .................................................................................................... 0.56 1.82 0.68 2.21 0.80 2.60 1.12 3.64
2.7 .................................................................................................... 0.58 1.89 0.71 2.30 0.83 2.70 1.15 3.76
2.8 .................................................................................................... 0.61 1.96 0.73 2.38 0.86 2.80 1.20 3.92
2.9 .................................................................................................... 0.63 2.03 0.76 2.47 0.89 2.90 1.24 4.05
3.0 .................................................................................................... 0.65 2.10 0.79 2.55 0.92 3.00 1.29 4.20
DISTANCE 362 TO 800 KV
Maximum anticipated per-unit transient overvoltage 362,000 552,000 800,000
m ft m ft m ft
1.5 ............................................................................................................ ................ ................ 1.52 4.97 2.65 8.66

1.6 ............................................................................................................ ................ ................ 1.67 5.46 2.93 9.60
1.7 ............................................................................................................ ................ ................ 1.83 5.98 3.24 10.60
1.8 ............................................................................................................ ................ ................ 1.99 6.51 3.56 11.64
1.9 ............................................................................................................ ................ ................ 2.17 7.08 3.89 12.73
2.0 ............................................................................................................ 1.29 4.20 2.35 7.68 4.23 13.86
2.1 ............................................................................................................ 1.35 4.41 2.53 8.27
2.2 ............................................................................................................ 1.44 4.70 2.71 8.87
2.3 ............................................................................................................ 1.54 5.01 2.9 9.49
2.4 ............................................................................................................ 1.64 5.34 3.12 10.21
2.5 ............................................................................................................ 1.74 5.67
2.6 ............................................................................................................ 1.84 6.01
2.7 ............................................................................................................ 1.95 6.36
2.8 ............................................................................................................ 2.06 6.73
2.9 ............................................................................................................ 2.17 7.10
3.0 ............................................................................................................ 2.29 7.48
Note: The distances given are for air as the for this possible inadvertent movement and One approach that can be used to estimate
insulating medium and provide no additional to provide the worker with a comfortable and the ergonomic component of the minimum
clearance for inadvertent movement. safe zone in which to work. A distance for approach distance is response time-distance
C. Provisions for inadvertent movement. inadvertent movement (called the analysis. When this technique is used, the
The minimum approach distances (working ‘‘ergonomic component of the minimum total response time to a hazardous incident
distances) must include an ‘‘adder’’ to approach distance’’) must be added to the is estimated and converted to distance
compensate for the inadvertent movement of electrical component to determine the total traveled. For example, the driver of a car
the worker relative to an energized part or the safe minimum approach distances used in takes a given amount of time to respond to
movement of the part relative to the worker. live-line work. a ‘‘stimulus’’ and stop the vehicle. The
EP15JN05.006</MATH>
A certain allowance must be made to account elapsed time involved results in a distance
being traveled before the car comes to a is energized. These tools, by design, keep the approach distance to obtain the full
complete stop. This distance is dependent on energized part at a constant distance from the minimum approach distance.
the speed of the car at the time the stimulus employee and thus maintain the appropriate It must be noted that the ergonomic
appears. minimum approach distance automatically. component of the minimum approach
In the case of live-line work, the employee The length of the ergonomic component of distance is intended to account only for
must first perceive that he or she is the minimum approach distance is also unexpected movements of the employee. The
approaching the danger zone. Then, the influenced by the location of the worker and working position selected must account for
worker responds to the danger and must by the nature of the work. In these higher
all the employee’s anticipated movements
decelerate and stop all motion toward the voltage ranges, the employees use work
energized part. During the time it takes to and still enable the employee to maintain the
methods that more tightly control their
stop, a distance will have been traversed. It safe minimum approach distance. (See Figure
movements than when the workers perform
is this distance that must be added to the rubber glove work. The worker is farther from 1.) Anticipated movements include: An
electrical component of the minimum energized line or equipment and needs to be employee’s adjustments to tools, equipment,
approach distance to obtain the total safe more precise in his or her movements just to and working positions; expected errors in
minimum approach distance. perform the work. positioning tools and equipment; and all
At voltages below 72.5 kV, the electrical For these reasons, a smaller ergonomic movements needed to perform the work. For
component of the minimum approach component of the minimum approach example, the employee should be able to
distance is smaller than the ergonomic distance is needed, and a distance of 0.30 m perform all of the following actions without
component. At 72.5 kV the electrical (1 foot) has been selected for voltages straying into the minimum approach
component is only a little more than 0.3 m between 72.6 and 800 kV. distance:
(1 foot). An ergonomic component of the Table 4 summarizes the ergonomic • Adjust his or her hard hat,
minimum approach distance is needed that component of the minimum approach • Maneuver a tool onto an energized part
will provide for all the worker’s unexpected distance for the two voltage ranges. with a certain amount of over or
movements. The usual live-line work method underreaching,
for these voltages is the use of rubber • Reach out for and handle tools, material,
insulating equipment, frequently rubber
TABLE 4.—ERGONOMIC COMPONENT
and equipment being passed to the employee
gloves. The energized object needs to be far OF MINIMUM APPROACH DISTANCE
in the working position, and
enough away to provide the worker’s face • Adjust tools and replace components on
with a safe approach distance, as his or her Distance
Voltage range (kV) them, if necessary during the work
hands and arms are insulated. In this case, procedure.
0.61 m (2 feet) has been accepted as a m ft
The training of qualified employees
sufficient and practical value.
1.1 to 72.5 ........................ 0.61 2.0 required under § 1926.950 and the job
For voltages between 72.6 and 800 kV,
72.6 to 800 ....................... 0.30 1.0 planning and briefing required under
there is a change in the work practices
§ 1926.952 must address selection of the
employed during energized line work.
Note: This distance must be added to the proper working position.
Generally, live-line tools (hot sticks) are
employed to perform work while equipment electrical component of the minimum BILLING CODE 4510–26–P

EP15JN05.007</GPH>
D. Bare-Hand Live-Line Minimum principally to the reduced air pressure. An TABLE 5.—MAGNITUDE OF TYPICAL
Approach Distances. Calculating the strength increase of about 3 percent per 300 meters in
of phase-to-phase transient overvoltages is the minimum approach distance for altitudes
TRANSIENT OVERVOLTAGES—Con-
complicated by the varying time above 900 meters is required. Table V–5 of tinued
displacement between overvoltages on § 1926.960 of this Part presents this
parallel conductors (electrodes) and by the information in tabular form. Magnitude
Cause
varying ratio between the positive and Summary. After taking all these correction (per unit)
negative voltages on the two electrodes. The factors into account and after considering
time displacement causes the maximum their interrelationships relative to the air gap Fault initiation unfaulted 2.1
voltage between phases to be less than the insulation strength and the conditions under phase.
sum of the phase-to-ground voltages. The which live work is performed, one finds that Fault initiation adjacent circuit 2.5
International Electrotechnical Commission only a correction for altitude need be made. Fault clearing ......................... 1.7 to 1.9
(IEC) Technical Committee 28, Working An elevation of 900 meters is established as Source: ANSI/IEEE Standard No. 516,
Group 2, has developed the following the base elevation, and the values of the 1987.
formula for determining the phase-to-phase electrical component of the minimum
maximum transient overvoltage based on the approach distances has been derived with 4. Standard deviation—air-gap withstand.
per unit (p.u.) of the system nominal voltage this correction factor in mind. Thus, the For each air gap length, and under the same
phase-to-ground crest: values used for elevations below 900 meters atmospheric conditions, there is a statistical
are conservative without any change; variation in the breakdown voltage. The
pup = pug + 1.6. probability of the breakdown voltage is
corrections have to be made only above this
Where: pug = p.u. phase-to-ground maximum base elevation. assumed to have a normal (Gaussian)
transient overvoltage distribution. The standard deviation of this
pup = p.u. phase-to-phase maximum transient IV. Determination of Reduced Minimum distribution varies with the wave shape, gap
overvoltage Approach Distances geometry, and atmospheric conditions. The
This value of maximum anticipated A. Factors Affecting Voltage Stress at the withstand voltage of the air gap used in
transient overvoltage must be used in Work Site calculating the electrical component of the
Equation (2) to calculate the phase-to-phase minimum approach distance has been set at
minimum approach distances for live-line 1. System voltage (nominal). The nominal three standard deviations (3s1) below the
bare-hand work. system voltage range sets the absolute lower critical flashover voltage. (The critical
E. Compiling the minimum approach limit for the minimum approach distance. flashover voltage is the crest value of the
distance tables. For each voltage involved, The highest value within the range, as given impulse wave that, under specified
the distance in Table 4 in this appendix has in the relevant table, is selected and used as conditions, causes flashover on 50 percent of
been added to the distance in Table 1, Table a reference for per unit calculations. the applications. An impulse wave of three
2. Transient overvoltages. Transient standard deviations below this value, that is,
2, or Table 3 in this appendix to determine
overvoltages may be generated on an the withstand voltage, has a probability of
the resulting minimum approach distances in
electrical system by the operation of switches flashover of approximately 1 in 1000.)
Table V–1, Table V–2, and Table V–3 in
or breakers, by the occurrence of a fault on 5. Broken Insulators. Tests have shown that
§ 1926.960 of this part.
the line or circuit being worked or on an the insulation strength of an insulator string
F. Miscellaneous correction factors. The
adjacent circuit, and by similar activities. with broken skirts is reduced. Broken units
strength of an air gap is influenced by the
Most of the overvoltages are caused by may have lost up to 70% of their withstand
changes in the air medium that forms the
switching, and the term ‘‘switching surge’’ is capacity. Because the insulating capability of
insulation. A brief discussion of each factor
often used to refer generically to all types of a broken unit cannot be determined without
follows, with a summary at the end.
overvoltages. However, each overvoltage has testing it, damaged units in an insulator are
1. Dielectric strength of air. The dielectric
an associated transient voltage wave shape. usually considered to have no insulating
strength of air in a uniform electric field at
The wave shape arriving at the site and its value. Additionally, the overall insulating
standard atmospheric conditions is
magnitude vary considerably. strength of a string with broken units may be
approximately 31 kV (crest) per cm at 60 Hz.
The information used in the development further reduced in the presence of a live-line
The disruptive gradient is affected by the air
of the minimum approach distances takes tool alongside it. The number of good units
pressure, temperature, and humidity, by the
into consideration the most common wave that must be present in a string is based on
shape, dimensions, and separation of the
shapes; thus, the required minimum the maximum overvoltage possible at the
electrodes, and by the characteristics of the
approach distances are appropriate for any worksite.
applied voltage (wave shape).
transient overvoltage level usually found on
2. Atmospheric effect. Flashover for a given B. Minimum Approach Distances Based on
electric power generation, transmission, and
air gap is inhibited by an increase in the Known Maximum Anticipated Per-Unit
distribution systems. The values of the per
density (humidity) of the air. The empirically Transient Overvoltages
unit (p.u.) voltage relative to the nominal
determined electrical strength of a given gap
maximum voltage are used in the calculation 1. Reduction of the minimum approach
is normally applicable at standard
of these distances. distance for AC systems. When the transient
atmospheric conditions (20 C, 101.3 kPa, 11
3. Typical magnitude of overvoltages. The overvoltage values are known and supplied
g/cm 3 humidity).
magnitude of typical transient overvoltages is by the employer, Table V–2 and Table V–3
The combination of temperature and air
given in Table 5. of § 1926.960 of this Part allow the minimum
pressure that gives the lowest gap flashover
voltage is high temperature and low pressure. approach distances from energized parts to
These are conditions not likely to occur TABLE 5.—MAGNITUDE OF TYPICAL be reduced. In order to determine what this
simultaneously. Low air pressure is generally TRANSIENT OVERVOLTAGES maximum overvoltage is, the employer must
associated with high humidity, and this undertake an engineering analysis of the
causes increased electrical strength. An Magnitude system. As a result of this engineering study,
Cause the employer must provide new live work
average air pressure is more likely to be (per unit)
associated with low humidity. Hot and dry procedures, reflecting the new minimum
working conditions are thus normally Energized 200-mile line with- 3.5 approach distances, the conditions and
associated with reduced electrical strength. out closing resistors. limitations of application of the new
The electrical component of the minimum Energized 200-mile line with 2.1 minimum approach distances, and the
approach distances in Table 1, Table 2, and one-step closing resistor. specific practices to be used when these
Table 3 has been calculated using the Energized 200-mile line with 2.5 procedures are implemented.
maximum transient overvoltages to multi-step resistor. 2. Calculation of reduced approach
determine withstand voltages at standard Reclosed with trapped charge 2.2 distance values. The following method of
atmospheric conditions. one-step resistor. calculating reduced minimum approach
3. Altitude. The electrical strength of an air Opening surge with single re- 3.0
gap is reduced at high altitude, due strike. 1 Sigma (s) is the symbol for standard deviation.
distances is based on ANSI/IEEE Standard coupling to adjacent lines must be accounted TABLE 6.—WITHSTAND DISTANCES
516: for when minimum approach distances are FOR TRANSIENT OVERVOLTAGES
Step 1. Determine the maximum voltage calculated based on the maximum transient
(with respect to a given nominal voltage overvoltage.
range) for the energized part. Withstand distance
3. Surge arresters. The use of modern surge air gap
Step 2. Determine the maximum transient Crest voltage (kV)
arresters has permitted a reduction in the
overvoltage (normally a switching surge) that m ft
basic impulse-insulation levels of much
can be present at the work site during work
operation. transmission system equipment. The primary
function of early arresters was to protect the 100 ............................ 0.22 0.71
Step 3. Determine the technique to be used 150 ............................ 0.32 1.06
to control the maximum transient system insulation from the effects of
200 ............................ 0.43 1.41
overvoltage. (See paragraphs III.C and III.D of lightning. Modern arresters not only dissipate 250 ............................ 0.54 1.77
this appendix.) Determine the maximum lightning-caused transients, but may also 300 ............................ 0.65 2.12
voltage that can exist at the work site with control many other system transients that 350 ............................ 0.75 2.47
that form of control in place and with a may be caused by switching or faults. 400 ............................ 0.86 2.83
confidence level of 3 . This voltage is It is possible to use properly designed 450 ............................ 0.97 3.18
considered to be the withstand voltage for the arresters to control transient overvoltages 500 ............................ 1.08 3.54
purpose of calculating the appropriate along a transmission line and thereby reduce 550 ............................ 1.19 3.89
minimum approach distance. the requisite length of the insulator string. On 600 ............................ 1.29 4.24
Step 4. Specify in detail the control the other hand, if the installation of arresters 650 ............................ 1.40 4.60
technique to be used, and direct its has not been used to reduce the length of the 700 ............................ 1.58 5.17
implementation during the course of the 750 ............................ 1.75 5.73
insulator string, it may be used to reduce the
work. 800 ............................ 1.92 6.31
minimum approach distance instead.3
Step 5. Using the new value of transient 850 ............................ 2.11 6.91
overvoltage in per unit (p.u.), determine the 4. Switching Restrictions. Another form of
900 ............................ 2.31 7.57
required phase-to-ground minimum overvoltage control is the establishment of
950 ............................ 2.51 8.23
approach distance from Table V–2 or Table switching restrictions, under which breakers
1000 .......................... 2.72 8.94
V–3 of § 1926.960 of this Part. are not permitted to be operated until certain 1050 .......................... 2.94 9.65
system conditions are satisfied. Restriction of 1100 .......................... 3.18 10.42
C. Methods of Controlling Possible Transient switching is achieved by the use of a tagging
Overvoltage Stress Found on a System. 1150 .......................... 3.41 11.18
system, similar to that used for a ‘‘permit’’, 1200 .......................... 3.67 12.05
1. Introduction. There are several means of except that the common term used for this 1250 .......................... 3.93 12.90
controlling overvoltages that occur on activity is a ‘‘hold-off’’ or ‘‘restriction’’. These 1300 .......................... 4.20 13.79
transmission systems. First, the operation of terms are used to indicate that operation is 1350 .......................... 4.48 14.70
circuit breakers or other switching devices not prevented, but only modified during the 1400 .......................... 4.77 15.64
may be modified to reduce switching live-work activity. 1450 .......................... 5.06 16.61
transient overvoltages. Second, the 1500 .......................... 5.37 17.61
overvoltage itself may be forcibly held to an D. Minimum Approach Distance Based on 1550 .......................... 5.68 18.63
acceptable level by means of installation of Control of Voltage Stress (Overvoltages) at
surge arresters at the specific location to be the Work Site
protected. Third, the transmission system Note: The air gap is based on the 60-Hz
Reduced minimum approach distances can rod-gap withstand distance.
may be changed to minimize the effect of
be calculated as follows: Source: Calculations are based on Equation
switching operations.
2. Operation of circuit breakers.2 The 1. First Method—Determining the reduced (2).
maximum transient overvoltage that can minimum approach distance from a given Step 4. Add the 0.30-m (1-foot) ergonomic
reach the work site is often due to switching withstand voltage.4 component to obtain the total minimum
on the line on which work is being Step 1. Select the appropriate withstand approach distance to be maintained by the
performed. If the automatic-reclosing is voltage for the protective gap based on employee.
removed during energized line work so that system requirements and an acceptable 2. Second Method—Determining the
the line will not be reenergized after being probability of actual gap flashover. necessary protective gap length from a
opened for any reason, the maximum Step 2. Determine a gap distance that desired (reduced) minimum approach
switching surge overvoltage is then limited to provides a withstand voltage 5 greater than or distance.
the larger of the opening surge or the greatest equal to the one selected in the first step.6 Step 1. Determine the desired minimum
possible fault-generated surge, provided that Step 3. Using 110 percent of the gap’s approach distance for the employee. Subtract
the devices (for example, insertion resistors) critical flashover voltage, determine the the 0.30-m (1-foot) ergonomic component of
are operable and will function to limit the electrical component of the minimum the minimum approach distance.
transient overvoltage. It is essential that the approach distance from Equation (2) or Table Step 2. Using this distance, calculate the
operating ability of such devices be assured air gap withstand voltage from Equation (2).
6, which is a tabulation of distance vs.
when they are employed to limit the Alternatively, find the voltage corresponding
withstand voltage based on Equation (2).
overvoltage level. If it is prudent not to to the distance in Table 6.7
remove the reclosing feature (because of Step 3. Select a protective gap distance
3 Surge arrester application is beyond the scope
system operating conditions), other methods corresponding to a critical flashover voltage
of controlling the switching surge level may of this appendix. However, if the arrester is that, when multiplied by 110 percent, is less
installed near the work site, the application would
be necessary. than or equal to the withstand voltage from
be similar to protective gaps as discussed in
Transient surges on an adjacent line, paragraph III.D of this appendix. Step 2.
particularly for double circuit construction, 4 Since a given rod gap of a given configuration Step 4. Calculate the withstand voltage of
may cause a significant overvoltage on the corresponds to a certain withstand voltage, this the protective gap (85 percent of the critical
line on which work is being performed. The method can also be used to determine the minimum
approach distance for a known gap. 7 Since the value of the saturation factor, a, in
2 The 5 The withstand voltage for the gap is equal to 85
detailed design of a circuit interrupter, such Equation (2) is dependent on the maximum voltage,
as the design of the contacts, of resistor insertion, percent of its critical flashover voltage. several iterative computations may be necessary to
and of breaker timing control, are beyond the scope 6 Switch steps 1 and 2 if the length of the determine the correct withstand voltage using the
of this appendix. These features are routinely protective gap is known. The withstand voltage equation. A graph of withstand voltage vs. distance
provided as part of the design for the system. Only must then be checked to ensure that it provides an is given in ANSI/IEEE Std. No. 516–1987. This
features that can limit the maximum switching acceptable probability of gap flashover. In general, graph could also be used to determine the
transient overvoltage on a system are discussed in it should be at least 1.25 times the maximum crest appropriate withstand voltage for the minimum
this appendix. operating voltage. approach distance involved.
flashover voltage) to ensure that it provides 2 Step 3. This protective gap corresponds to
an acceptable risk of flashover during the 552 kV × × 1.25 = 563 kV a 110 percent of critical flashover voltage
time the gap is installed. 3 value of:
3. Sample protective gap calculations. This will be the withstand voltage of the
Problem 1: Work is to be performed on a protective gap. 665 kV × 110
. = 732 kV.
500-kV transmission line that is subject to
Step 2. Using test data for a particular This corresponds to the withstand voltage
transient overvoltages of 2.4 p.u. The
protective gap, select a gap that has a critical of the electrical component of the minimum
maximum operating voltage of the line is 552
kV. Determine the length of the protective flashover voltage greater than or equal to: approach distance.
gap that will provide the minimum practical Step 4. Using this voltage in Equation (2)
safe approach distance. Also, determine what 563 kV ÷ 0.85 = 662 kV. results in an electrical component of the
that minimum approach distance is. For example, if a protective gap with a minimum approach distance of:
Step 1. Calculate the smallest practical 1.22-m (4.0-foot) spacing tested to a critical
maximum transient overvoltage (1.25 times flashover voltage of 665 kV, crest, select this
the crest line-to-ground voltage):8 gap spacing.
732 kV
D = (0.01 + 0.0006) × = 5.5 ft (1.68 m).
2
Step 5. Add 0.30 m (1 foot) to the distance 697 kV ÷ 449 kV = 1.55 p. u. flashover will not occur between the
calculated in Step 4, resulting in a total employee and the line, but across the
minimum approach distance of 1.98 m (6.5 If this is acceptable, the protective gap protective gap instead.
feet). could be installed with a 1.77-m (5.8-foot)
spacing, and the minimum approach distance F. Disabling Automatic Reclosing
Problem 2: For a line operating at a
maximum voltage of 552 kV subject to a could then be reduced to 2.74 m (9.0 feet). There are two reasons to disable the
maximum transient overvoltage of 2.4 p.u., 4. Comments and variations. The 0.30-m automatic-reclosing feature of circuit-
find a protective gap distance that will (1-foot) ergonomic component of the interrupting devices while employees are
permit the use of a 2.74-m (9.0-foot) minimum approach distance must be added performing live-line maintenance:
minimum approach distance. (A minimum to the electrical component of the minimum • To prevent the reenergizing of a circuit
approach distance of 3.42 m (11 feet, 3 approach distance calculated under faulted by actions of a worker, which could
EP15JN05.016</MATH>
inches) is normally required.) paragraph III.D of this appendix. The possibly create a hazard or compound
calculations may be varied by starting with injuries or damage produced by the original
Step 1. Subtracting the 0.30-m (1-foot)
the protective gap distance or by starting fault;
ergonomic component of the minimum
with the minimum approach distance. • To prevent any transient overvoltage
approach distance yields an electrical
component of the minimum approach E. Location of Protective Gaps caused by the switching surge that would
EP15JN05.015</MATH>
distance of 2.44 m (8.0 feet). occur if the circuit were reenergized.
1. Adjacent structures. Installation of the However, due to system stability
Step 2. From Table 6, select the withstand protective gap on a structure adjacent to the
voltage corresponding to a distance of 2.44 m considerations, it may not always be feasible
work site is an acceptable practice, as this to disable the automatic-reclosing feature.
(8.0 feet). By interpolation: does not significantly reduce the protection
afforded by the gap. Appendix C to Subpart V—Protection
 (8.00 − 7.57) 
EP15JN05.014</MATH>
2. Terminal stations. Gaps installed at From Step and Touch Potentials
900 kV + 50 × = 933 kV.
 (8.23 − 7.57)  terminal stations of lines or circuits provide
a given level of protection. The level may I. Introduction
Step 3. The voltage calculated in Step 2 not, however, extend throughout the length When a ground fault occurs on a power
corresponds to 110 percent of the critical of the line to the worksite. The use of gaps line, voltage is impressed on the ‘‘grounded’’
at terminal stations must be studied in depth. object faulting the line. The voltage to which
EP15JN05.013</GPH>
flashover voltage of the gap that should be
employed. Using test data for a particular The use of substation terminal gaps raises the this object rises depends largely on the
protective gap, select a gap that has a critical possibility that separate surges could enter voltage on the line, on the impedance of the
flashover voltage less than or equal to: the line at opposite ends, each with low faulted conductor, and on the impedance to
enough magnitude to pass the terminal gaps ‘‘true,’’ or ‘‘absolute,’’ ground represented by
933 kV ÷ 110
. = 848 kV. without flashover. When voltage surges are the object. If the object causing the fault
EP15JN05.012</MATH>
initiated simultaneously at each end of a line represents a relatively large impedance, the
For example, if a protective gap with a
and travel toward each other, the total voltage impressed on it is essentially the
1.77-m (5.8-foot) spacing tested to a critical phase-to-ground system voltage. However,
flashover voltage of 820 kV, crest, select this voltage on the line at the point where they
meet is the arithmetic sum of the two surges. even faults to well grounded transmission
gap spacing. towers or substation structures can result in
Step 4. The withstand voltage of this A gap that is installed within 0.8 km (0.5
hazardous voltages.1 The degree of the EP15JN05.011</MATH>
protective gap would be: mile) of the work site will protect against
such intersecting waves. Engineering studies hazard depends upon the magnitude of the
fault current and the time of exposure.
820 kV × 0.85 = 697 kV. of a particular line or system may indicate
that adequate protection can be provided by II. Voltage-Gradient Distribution
The maximum operating crest voltage even more distant gaps.
would be: A. Voltage-Gradient Distribution Curve.
EP15JN05.010</MATH>
3. Work site. If protective gaps are used at

the work site, the work site impulse The dissipation of voltage from a
2 insulation strength is established by the gap grounding electrode (or from the grounded
552 kV × = 449 kV. setting. Lightning strikes as much as 6 miles end of an energized grounded object) is
3 away from the worksite may cause a voltage called the ground potential gradient. Voltage
The crest withstand voltage of the surge greater than the insulation withstand drops associated with this dissipation of
EP15JN05.009</MATH>
protective gap in per unit is thus: voltage, and a gap flashover may occur. The voltage are called ground potentials. Figure 2
8 To eliminate unwanted flashovers due to minor 1 This appendix provides information primarily relevant to ground faults to transmission towers and
system disturbances, it is desirable to have the crest with respect to employee protection from contact substation structures; however, grounding systems
withstand voltage no lower than 1.25 p.u. between equipment being used and an energized for these structures should be designed to minimize
EP15JN05.008</MATH>
power line. The information presented is also the step and touch potentials involved.
is a typical voltage-gradient distribution with increasing distance from the grounding

curve (assuming a uniform soil texture). This electrode.
graph shows that voltage decreases rapidly BILLING CODE 4501–26–P
EP15JN05.017</GPH><FNP>
B. Step and Touch Potentials ‘‘Touch potential’’ is the voltage between place where the person is in contact with it.
‘‘Step potential’’ is the voltage between the the energized object and the feet of a person For example, a crane that was grounded to
feet of a person standing near an energized in contact with the object. It is equal to the the system neutral and that contacted an
grounded object. It is equal to the difference difference in voltage between the object energized line would expose any person in
in voltage, given by the voltage distribution (which is at a distance of 0 feet) and a point contact with the crane or its uninsulated load
curve, between two points at different some distance away. It should be noted that line to a touch potential nearly equal to the
distances from the ‘‘electrode.’’ A person the touch potential could be nearly the full full fault voltage.
could be at risk of injury during a fault voltage across the grounded object if that Step and touch potentials are illustrated in
simply by standing near the grounding point. object is grounded at a point remote from the Figure 3.
C. Protection From the Hazards of Ground- Several methods may be used to protect grounding grid can be used to equalize the
Potential Gradients employees from hazardous ground-potential voltage within the grid. Equipotential zones
gradients, including equipotential zones, will not, however, protect employees who are
An engineering analysis of the power
insulating equipment, and restricted work either wholly or partially outside the
system under fault conditions can be used to
areas. protected area. Bonding conductive objects in
determine whether or not hazardous step and 1. The creation of an equipotential zone the immediate work area can also be used to
touch voltages will develop. The result of will protect a worker standing within it from minimize the potential between the objects
this analysis can ascertain the need for hazardous step and touch potentials. (See and between each object and ground.
protective measures and can guide the Figure 4.) Such a zone can be produced (Bonding an object outside the work area can
selection of appropriate precautions. through the use of a metal mat connected to increase the touch potential to that object in
EP15JN05.018</GPH>
the grounded object. In some cases, a some cases, however.)
2. The use of insulating equipment, such 3. Restricting employees from areas where should not handle grounded conductors or
as rubber gloves, can protect employees hazardous step or touch potentials could equipment likely to become energized to
handling grounded equipment and arise can protect employees not directly hazardous voltages unless the employees are
conductors from hazardous touch potentials. involved in the operation being performed. within an equipotential zone or are protected
The insulating equipment must be rated for Employees on the ground in the vicinity of by insulating equipment.
the highest voltage that can be impressed on transmission structures should be kept at a
the grounded objects under fault conditions distance where step voltages would be
(rather than for the full system voltage). insufficient to cause injury. Employees
EP15JN05.019</GPH>
Appendix D to Subpart V—Methods of recognized as acceptable methods of testing ASTM D 1049–98e1, Standard Specification
Inspecting and Testing Wood Poles wood poles: for Rubber Insulating Covers.
A. Hammer test. Rap the pole sharply with ASTM D 1050–90, Standard Specification
I. Introduction a hammer weighing about 1.4 kg (3 pounds), for Rubber Insulating Line Hose.
When work is to be performed on a wood starting near the ground line and continuing ASTM D 1051–02, Standard Specification
pole, it is important to determine the upwards circumferentially around the pole to for Rubber Insulating Sleeves.
condition of the pole before it is climbed. a height of approximately 1.8 m (6 feet). The ASTM F 478–92, Standard Specification
The weight of the employee, the weight of hammer will produce a clear sound and for In-Service Care of Insulating Line Hose
equipment being installed, and other working rebound sharply when striking sound wood. and Covers.
stresses (such as the removal or retensioning Decay pockets will be indicated by a dull ASTM F 479–95, Standard Specification
of conductors) can lead to the failure of a sound or a less pronounced hammer for In-Service Care of Insulating Blankets.
defective pole or one that is not designed to rebound. Also, prod the pole as near the ASTM F 496–02a, Standard Specification
handle the additional stresses.1 For these ground line as possible using a pole prod or for In-Service Care of Insulating Gloves and
reasons, it is essential that an inspection and a screwdriver with a blade at least 127 mm Sleeves.
test of the condition of a wood pole be (5 inches) long. If substantial decay is ASTM F 711–02, Standard Specification
performed before it is climbed. encountered, the pole is considered unsafe. for Fiberglass-Reinforced Plastic (FRP) Rod
If the pole is found to be unsafe to climb B. Rocking test. Apply a horizontal force to and Tube Used in Live Line Tools.
or to work from, it must be secured so that the pole and attempt to rock it back and forth ASTM F 712–88, Standard Test Methods
it does not fail while an employee is on it. in a direction perpendicular to the line. for Electrically Insulating Plastic Guard
The pole can be secured by a line truck Caution must be exercised to avoid causing Equipment for Protection of Workers.
boom, by ropes or guys, or by lashing a new power lines to swing together. The force may ASTM F 819–00e1, Standard Terminology
pole alongside it. If a new one is lashed be applied either by pushing with a pike pole Relating to Electrical Protective Equipment
alongside the defective pole, work should be or pulling with a rope. If the pole cracks for Workers.
performed from the new one. during the test, it shall be considered unsafe. ASTM F 855–03, Standard Specifications
for Temporary Protective Grounds to Be Used
II. Inspection of Wood Poles Appendix E to Subpart V—Reference on De-Energized Electric Power Lines and
Wood poles should be inspected by a Documents Equipment.
qualified employee for the following ASTM F 887–04, Standard Specifications
The references contained in this appendix for Personal Climbing Equipment.
conditions: 2 provide information that can be helpful in
A. General condition. The pole should be ASTM F 914–03, Standard Test Method for
understanding and complying with the Acoustic Emission for Insulated and Non-
inspected for buckling at the ground line and requirements contained in subpart V of this
for an unusual angle with respect to the Insulated Aerial Personnel Devices Without
part. The national consensus standards Supplemental Load Handling Attachments.
ground. Buckling and odd angles may referenced in this appendix contain detailed
indicate that the pole has rotted or is broken. ASTM F 968–93e1, Standard Specification
specifications that employers may follow in for Electrically Insulating Plastic Guard
B. Cracks. The pole should be inspected for complying with the more performance-
cracks. Horizontal cracks perpendicular to Equipment for Protection of Workers.
oriented requirements of OSHA’s final rule. ASTM F 1116–03, Standard Test Method
the grain of the wood may weaken the pole. Except as specifically noted in subpart V of
Vertical ones, although not considered to be for Determining Dielectric Strength of
this part, however, compliance with the Dielectric Footwear.
a sign of a defective pole, can pose a hazard national consensus standards is not a
to the climber, and the employee should keep ASTM F 1117–03, Standard Specification
substitute for compliance with the provisions for Dielectric Footwear.
his or her gaffs away from them while of the OSHA standard. ASTM F 1236–96, Standard Guide for
climbing. ANSI/SIA A92.2–2001, American National Visual Inspection of Electrical Protective
C. Holes. Hollow spots and woodpecker Standard for Vehicle-Mounted Elevating and Rubber Products.
holes can reduce the strength of a wood pole. Rotating Aerial Devices. ASTM F 1430–03, Standard Test Method
D. Shell rot and decay. Rotting and decay ANSI C2–2002, National Electrical Safety for Acoustic Emission Testing of Insulated
are cutout hazards and possible indications Code. and Non-Insulated Aerial Personnel Devices
of the age and internal condition of the pole. ANSI Z133.1–2000, American National with Supplemental Load Handling
E. Knots. One large knot or several smaller Standard Safety Requirements for Pruning, Attachments.
ones at the same height on the pole may be Trimming, Repairing, Maintaining, and ASTM F 1505–01, Standard Specification
evidence of a weak point on the pole. Removing Trees, and for Cutting Brush. for Insulated and Insulating Hand Tools.
F. Depth of setting. Evidence of the ANSI/ASME B20.1–2003, Safety Standard ASTM F 1506–02ae1, Standard
existence of a former ground line for Conveyors and Related Equipment. Performance Specification for Flame
substantially above the existing ground level ANSI/IEEE Std. 4–1995, IEEE Standard Resistant Textile Materials for Wearing
may be an indication that the pole is no Techniques for High-Voltage Testing. Apparel for Use by Electrical Workers
longer buried to a sufficient extent. ANSI/IEEE Std. 100–2000, The Exposed to Momentary Electric Arc and
G. Soil conditions. Soft, wet, or loose soil Authoritative Dictionary of IEEE Standards Related Thermal Hazards.
may not support any changes of stress on the Terms, 7th Edition. ASTM F 1564–95, Standard Specification
pole. ANSI/IEEE Std. 516–2003, IEEE Guide for for Structure-Mounted Insulating Work
H. Burn marks. Burning from transformer Maintenance Methods on Energized Power Platforms for Electrical Workers.
failures or conductor faults could damage the Lines. ASTM F 1701–96, Standard Specification
pole so that it cannot withstand mechanical ANSI/IEEE Std. 935–1989, IEEE Guide on for Unused Polypropylene Rope with Special
stress changes. Terminology for Tools and Equipment To Be Electrical Properties.
III. Testing of Wood Poles Used in Live Line Working. ASTM F 1742–03, Standard Specifications
ANSI/IEEE Std. 957–1995, IEEE Guide for for PVC Insulating Sheeting.
The following tests, which have been taken Cleaning Insulators. ASTM F 1796–97, Standard Specification
from § 1910.268(n)(3) of this chapter, are ASTM D 120–02a, Standard Specification for High Voltage Detectors—Part 1 Capacitive
for Rubber Insulating Gloves. Type to be Used for Voltages Exceeding 600
1 A properly guyed pole in good condition
ASTM D 149–97a, Standard Test Method Volts AC.
should, at a minimum, be able to handle the weight for Dielectric Breakdown Voltage and ASTM F 1797–98, Standard Test Method
of an employee climbing it. Dielectric Strength of Solid Electrical
2 The presence of any of these conditions is an
for Acoustic Emission Testing of Insulated
Insulating Materials at Commercial Power Digger Derricks.
indication that the pole may not be safe to climb
or to work from. The employee performing the
Frequencies. ASTM F1825–03, Standard Specification
inspection must be qualified to make a ASTM D 178–01e1, Standard Specification for Clampstick Type Live Line Tools.
determination as to whether or not it is safe to for Rubber Insulating Matting. ASTM F1826–00, Standard Specification
perform the work without taking additional ASTM D 1048–99, Standard Specification for Live Line and Measuring Telescoping
precautions. for Rubber Insulating Blankets. Tools.
ASTM F 1891–02b, Standard Specification Appendix F to Subpart V—Clothing injury as addressed by §§ 1926.960(g)(3) and
for Arc and Flame Resistant Rainwear. (g)(4).
I. Introduction
ASTM F 1958/F 1958M–99, Standard Test
Paragraph (g) of § 1926.960 addresses II. Protection Against Burn Injury
Method for Determining the Ignitability of
Non-flame-Resistant Materials for Clothing clothing worn by an employee. This A. Estimating Available Heat Energy
paragraph requires employers to: (1) Assess
by Electric Arc Exposure Method Using The first step in protecting employees from
the workplace for flame and arc hazards
Mannequins. (paragraph (g)(1)); (2) estimate the available burn injury resulting from an electric arc is
ASTM F1959/F 1959M–99, Standard Test heat energy from electric arcs to which to estimate the potential heat energy if an arc
Method for Determining the Arc Thermal employees could be exposed (paragraph does occur. Table 7 lists various methods of
Performance Value of Materials for Clothing. (g)(2)), (3) ensure that employees wear calculating values of available heat energy
IEEE Std. 62–1995, IEEE Guide for clothing that has an arc rating greater than or from an electric circuit. OSHA does not
Diagnostic Field Testing of Electric Power equal to the available heat energy (paragraph endorse any of these specific methods. Each
Apparatus (g)(5)), (4) ensure that employees wear method requires the input of various
clothing that could not melt or ignite and parameters, such as fault current, the
IEEE Std. 524–2003, IEEE Guide to the
continue to burn in the presence of electric expected length of the electric arc, the
Installation of Overhead Transmission Line arcs to which an employee could be exposed
Conductors. distance from the arc to the employee, and
(paragraph (g)(3)), and (5) ensure that
IEEE Std. 1048–2003, IEEE Guide for the clearing time for the fault (that is, the
employees wear flame-resistant clothing 1
Protective Grounding of Power Lines. under certain conditions (paragraph (g)(4)). time the circuit protective devices take to
IEEE Std. 1067–1996, IEEE Guide for the This appendix contains information to help open the circuit and clear the fault). Some of
In-Service Use, Care, Maintenance, and employers estimate available heat energy as these parameters, such as the fault current
required by § 1926.960(g)(2), select clothing and the clearing time, are known quantities
Testing of Conductive Clothing for Use on
with an arc rating suitable for the available for a given system. Other parameters, such as
Voltages up to 765 kV AC and ±750 kV DC.
heat energy as required by § 1926.960(g)(5), the length of the arc and the distance
NFPA 70E–2004, Standard for Electrical
and ensure that employees do not wear between the arc and the employee, vary
Safety in the Workplace. flammable clothing that could lead to burn widely and can only be estimated.
TABLE 7.—METHODS OF CALCULATING INCIDENT HEAT ENERGY FROM AN ELECTRIC ARC

1. Standard for Electrical Safety Requirements for Employee Workplaces, NFPA 70E–2004, Annex D, ‘‘Sample Calculation of Flash Protection
Boundary.’’
2. Doughty, T.E., Neal, T.E., and Floyd II, H.L., ‘‘Predicting Incident Energy to Better Manage the Electric Arc Hazard on 600 V Power Distribu-
tion Systems,’’ Record of Conference Papers IEEE IAS 45th Annual Petroleum and Chemical Industry Conference, Septebmer 28–30, 1998.
3. Guide for Performing Arc Flash Hazard Calculations, IEEE 1584–2002.
4. Heat Flux Calculator, a free software program created by Alan Privette (widely available on the Internet).
5. ARCPRO, a commercially available software program developed by Kinectrics, Toronto, ON, CA.
The amount of heat energy calculated by should not be any surfaces at a potential area. The power line can supply a maximum
any of the methods is approximately directly other than the conductor between the fault current of 8 kiloamperes with a
proportional to the square of the distance employee and the conductor, it is reasonable maximum clearing time of 10 cycles. This
between the employee and the arc. In other to assume that the arc will not extend system falls in the 4.0-to-15.0-kV range; the
words, if the employee is very close to the towards the employee. Thus, in this fault current is less than 10 kA (the second
arc, the heat energy is very high; but if he or situation, it would be reasonable to use 380 row in that voltage range); and the clearing
she is just a few more centimeters away, the millimeters (15 in.) as the distance between time is under 14.5 cycles (the first column to
heat energy drops substantially. Thus, the employee and the arc. the right of the fault current column). Thus,
estimating the distance from the arc to the The standard permits an employer to make the available heat energy for this part of the
employee is key to protecting employees. broad estimates of available heat energy system will be 5 calories or less (from the
In estimating available heat energy, the covering multiple system areas using column heading), and the employer could
employer must make some reasonable reasonable assumptions about the energy select clothing with a 5-calorie rating to meet
assumptions about how far the employee will exposure distribution. For example, the § 1926.960(g)(5).
be from the electric arc. In some instances, employer can use the maximum fault current Table 9 presents similar estimates for
such as during some work performed using and clearing time to cover several system systems operating at voltages of 46.1 to 800
live-line tools, the employee will be at least areas at once. Table 8 presents estimates of kV. This table is also for open-air, phase-to-
the minimum approach distance from an available energy for different parts of an ground electric arc exposures typical for
energized part. However, in this situation, electrical system operating at 4 to 46 kV. The overhead systems operating at these voltages.
the arc could still extend towards the table is for open-air, phase-to-ground electric The table assumes that the arc length will be
employee. Thus, in this case, a reasonable arc exposures typical for overhead systems equal to the sparkover distance 3 and that the
estimate of the distance between the operating at these voltages. The table employee will be a distance from the arc
employee and the arc would be the minimum assumes that the employee will be 380 equal to the minimum approach distance
approach distance minus twice the sparkover millimeters (15 in.) from the electric arc, minus twice the arc length.
distance.2 which is a reasonable estimate for rubber The employer will need to use other
In other cases, as during rubber glove work, glove work. To use the table, an employer methods for estimating available heat energy
parts of the employee’s body will be closer would use the voltage, maximum fault in situations not addressed by Table 8 or
to an energized part than the minimum current, and maximum clearing time for a Table 9. The calculation methods listed in
approach distance. An employee’s chest will system area and select the appropriate heat Table 7 will help employers do this. For
be about 380 millimeters (15 in.) from an energy (5, 8, or 12 calories) from the table. example, employers can use Table
energized conductor during rubber glove For example, an employer might have a 130.7(C)(9)(a), Table 130.7(C)(10), and Table
work on that conductor. Because there 12,470-volt power line supplying a system 130.7(C)(11) of NFPA 70E–2004 to estimate
1 Flame-resistant clothing includes clothing that Apparel for Use by Electrical Workers Exposed to 3 The dielectric strength of air is about 10 kV for
is inherently flame resistant and clothing that has Momentary Electric Arc and Related Thermal every 25.4 mm (1 in.). Thus, the arc length can be
been chemically treated with a flame retardant. (See Hazards.) estimated to be the phase-to-ground voltage divided
ASTM F1506–02a, Standard Performance 2 The sparkover distance equals the shortest
by 10.
Specification for Textile Materials for Wearing possible arc length.
the available heat energy (and to select phase-to-phase arc, and enclosed arc
appropriate protective clothing) for many exposures.
specific situations, including lower-voltage,
TABLE 8.—AVAILABLE HEAT ENERGY FOR VARIATIONS FAULT CURRENTS, CLEARING TIMES, AND
VOLTAGES OF 4.0 TO 46.0 KV
(kV) (kA) time time time
4.0 to 15.0 ........................................................................................................ 5 37.3 59.6 89.4

10 14.5 23.2 34.8
15 8.0 12.9 19.3
20 5.2 8.3 12.5
15.1 to 25.0 ...................................................................................................... 5 34.5 55.2 82.8
10 14.2 22.7 34.1
15 8.2 13.2 19.8
20 5.5 8.8 13.2
25.1 to 36.0 ...................................................................................................... 5 16.9 27.0 40.4
10 7.1 11.4 17.1
15 4.2 6.8 10.1
20 2.9 4.6 6.9
36.1 .................................................................................................................. 5 13.3 21.2 31.9
10 5.7 9.1 13.7
15 3.5 5.6 8.4
20 2.5 4.0 6.0
Notes:
(2) The table assumes that the employee will be 380 mm (15 in.) from the electric arc. The table also assumes the arc length to be the
sparkover distance for the maximum voltage of each voltage range, as follows:
4.0 to 15.0 kV 51 mm (2 in.).
15.1 to 25.0 kV 102 mm (4 in.).
25.1 to 36.0 kV 152 mm (6 in.).
36.1 to 46.0 kV 229 mm (9 in.).
46.1 to 72.5 ...................................................................................................... 20 10.6 17.0 25.5

30 6.6 10.5 15.8
40 4.6 7.3 11.0
50 3.4 5.5 8.3
72.6 to 121 ....................................................................................................... 20 10.3 16.5 24.7
30 5.9 9.4 14.1
40 3.9 6.2 9.3
50 2.7 4.4 6.6
138 to 145 ........................................................................................................ 20 12.2 19.5 29.3
30 7.0 11.2 16.8
40 4.6 7.4 11.1
50 3.3 5.3 7.9
161 to 169 ........................................................................................................ 20 11.6 18.6 27.9
30 7.2 11.5 17.2
40 5.0 8.0 12.0
50 3.8 6.0 9.0
230 to 242 ........................................................................................................ 20 13.0 20.9 31.3
30 8.0 12.9 19.3
40 5.6 9.0 13.5
50 4.2 6.8 10.1
345 to 362 ........................................................................................................ 20 28.3 45.3 67.9
30 17.5 28.1 42.1
40 12.2 19.6 29.4
50 9.2 14.7 22.1
500 to 550 ........................................................................................................ 20 23.6 37.8 56.7
30 14.6 23.3 35.0
40 10.2 16.3 24.4
50 7.6 12.2 18.3
765 to 800 ........................................................................................................ 20 54.5 87.3 130.9
30 33.7 53.9 80.9
40 23.6 37.8 56.7
50 17.8 28.4 42.6

Notes:
(2) The table assumes that the arc length will be the phase-to-ground voltage divided by 10 and that the distance from the arc to the employee
is the minimum approach distance minus twice the arc length.
B. Selecting Protective Clothing exposed to the corresponding range of conditions. Therefore, it is possible that an
Table 10 presents protective clothing calculated incident heat energy from an employee will sustain a second-degree or
electric arc. It should be noted that actual worse burn wearing clothing conforming to
guidelines for exposure to electric arcs.
electric arc exposures may be more or less the guidelines in Table 10 under certain
Protective clothing meeting the guidelines in severe than the laboratory exposures because circumstances. Such clothing will, however,
this table are expected, based on extensive of factors such as arc movement, arc length, provide an appropriate degree of protection
laboratory testing, to be capable of preventing arcing from reclosing of the system, for an employee who is exposed to electric
second-degree burn injury to an employee secondary fires or explosions, and weather arc hazards.
TABLE 10.—PROTECTION CLOTHING GUIDELINES FOR ELECTRIC ARC HAZARDS

Arc thermal
Range of calculated incident energy cal/ Clothing description Clothing performance
cm3 (number of layers) weight oz/yd2 value
(ATPV)
0–2 .......................................................... Untreated Cotton (1) .......................................................................... 4.5–7 N/A

2–5 .......................................................... FR Shirt (1) ........................................................................................ 4.5–8 5–7
5–10 ........................................................ T-Shirt plus FR Shirt and FR Pants (2) ............................................. 9–12 10–17
10–20 ...................................................... T-Shirt plus FR Shirt plus FR Coverall (3) ........................................ 16–20 22–25
20–40 ...................................................... T-Shirt plus FR Shirt plus Double Layer Switching Coat (4) ............. 24–30 55
FR—Flame resistant.
ATPV—Arc Thermal Performance Value based on ASTM F1959 test method. (The method was modified as necessary to test the performance
of the three- and four-layer systems.)
Source: ‘‘Protective Clothing Guidelines for Electric Arc Exposure,’’ Neal, T. E., Bingham, A. H. Doughty, R. L., IEEE Petroleum and Chemical
Industry Conference Record, September 1996, p. 294.
It should be noted that Table 10 permits also consider requiring the protection of bare resistant clothing, the outer flammable layer
untreated cotton clothing for exposures of 2 skin from any exposure exceeding 0.8 cal/ can ignite. Similarly, clothing ignition is
cal/cm2 or less. Cotton clothing will reduce cm2 so as to minimize the risk of burn injury. possible if the employee is wearing
a 2-cal/cm2 exposure below the 1.6-cal/cm2 flammable clothing under the flame-resistant
level necessary to cause burn injury and is III. Protection Against Ignition clothing and the underlayer is exposed by an
not expected to ignite at such low heat Paragraph (g)(3) of § 1926.960 prohibits opening in the flame-resistant clothing. Thus,
energy levels. Although untreated cotton clothing that could melt onto an employee’s it is important for the employer to consider
clothing is deemed to meet the requirement skin or that could ignite and continue to burn the possibility of clothing ignition even when
for suitable arc ratings in § 1926.960(g)(5) and when exposed to the available heat energy an employee is wearing clothing with a
the prohibition against clothing that could estimated by the employer. Meltable fabrics, suitable arc rating.
ignite and continue to burn in such as acetate, nylon, and polyester, even in Table 11 lists the minimum heat energy
§ 1926.960(g)(3) when the available heat blends, must be avoided. When these fibers under electric arc conditions that can
energy is 2 cal/cm2 or less, this type of melt, they can adhere to the skin, transferring reasonably be expected to ignite different
clothing is still prohibited under certain heat more rapidly, exacerbating any burns, weights and colors of cotton fabrics. The
conditions by § 1926.960(g)(4), as discussed and complicating treatment. This can be true values listed, expressed in calories per square
further below. even if the meltable fabric is not directly next centimeter, represent a 10 percent probability
Protective performance of any particular to the skin. The remainder of this section of ignition with a 95 percent confidence
fabric type generally increases with fabric focuses on the prevention of ignition. level. If the heat energy estimated under
weight, as long as the fabric does not ignite Paragraph (g)(5) of § 1926.960 requires § 1926.960(g)(2) does not exceed the values
and continue to burn. Multiple layers of clothing with an arc rating greater than or listed in Table 11 for a particular weight and
clothing usually block more heat and are equal to the employer’s estimate of available color of cotton fabric, then an outer layer of
normally more protective than a single layer heat energy. As explained earlier, untreated that material would not be expected to ignite
of the equivalent weight. cotton is acceptable for exposures of 2 cal/ and would be considered as being permitted
Exposed skin is expected to sustain a cm2 or less. If the exposure is greater than under § 1926.960(g)(3).4 Conversely, if the
second-degree burn for incident energy levels that, the employee must wear flame-resistant heat energy estimated under § 1926.960(g)(2)
of 1.6 cal/cm2 or more. Though it is not clothing with a suitable arc rating. However, exceeds the values listed in Table 11 for a
required by the standard, if the heat energy even though an employee is wearing a layer particular weight and color of cotton fabric,
estimated under § 1926.960(g)(2) is greater of flame-resistant clothing, there are that material may not be worn as an outer
than or equal to 1.6 cal/cm2, the employer circumstances under which flammable layers
should require each exposed employee to of clothing would be exposed and subject to 4 An underlayer of clothing with an arc rating
have no more than 10 percent of his or her ignition. For example, if the employee is greater than or equal to the estimate of available
body unprotected. Due to the unpredictable wearing flammable clothing (for example, heat energy would still be required under
nature of electric arcs, the employer should winter coveralls) over the layer of flame- § 1926.960(g)(5).
layer of garment and may not be otherwise design included on it, then the entire employers may substitute actual test data
exposed due to an opening in the flame- garment will be considered as being of a analysis results representing an energy level
resistant clothing. color other than white. (The darker portion that is reasonably certain not to be capable
For white cotton fabrics of a different of the garment can ignite earlier than the rest of igniting the fabric. For example, based on
weight from those listed, choose the next of the garment, which would cause the entire test data, the employer may select a level
lower weight of white cotton fabric listed in garment to burn.)
Table 11. For cotton fabrics of a different Employers may choose to test samples of representing a 10 percent probability of
color and weight combination than those genuine garments rather than rely on the ignition with a 95 percent confidence level,
listed, select a value from the table values given in Table 11. The appropriate representing a 1 percent probability of
corresponding to an equal or lesser weight of electric arc ignition test method is given in ignition according to actual test results, or
blue cotton fabric. For example, for a 6.0-oz/ ASTM F 1958/F 1958M–99, Standard Test representing an energy level that is two
yd2 brown twill fabric, select 4.6 cal/cm2 for Method for Determining the Ignitability of standard deviations below the mean ignition
the ignition threshold, which corresponds to Non-flame-Resistant Materials for Clothing threshold. The employer may also select
5.2-oz/yd2 blue twill. If a white garment has by Electric Arc Exposure Method Using some other comparable level.
a silkscreen logo, insignia, or other similar Mannequins. Using this test method,
TABLE 11.—IGNITION THRESHOLD FOR COTTON FABRICS

Fabric description Ignition thresh-
old (cal/cm2)
Weight (oz/yd2) Color Weave
46 ......................................................................................................................... White ......................... Jersey Kit .................. 4.3

5.2 ........................................................................................................................ Blue ........................... Twill ........................... 4.6
6.2 ........................................................................................................................ White ......................... Fleece ........................ 6.4
6.9 ........................................................................................................................ Blue ........................... Twill ........................... 5.3
8.0 ........................................................................................................................ Black .......................... Twill ........................... 6.1
8.3 ........................................................................................................................ White ......................... Sateen ....................... 11.6
11.9 ...................................................................................................................... Tan ............................ Duck .......................... 11.3
12.8 ...................................................................................................................... Blue ........................... Denim ........................ 15.5
13.3 ...................................................................................................................... Blue ........................... Denim ........................ 15.9
Source: ‘‘Testing Update on Protective Clothing & Equipment for Electric Arc Exposure,’’ IEEE Paper No. PCIC–97–35.
Clothing loses weight as it wears. This can clothing could ignite under Note: An incompatibility between a
lower the ignition threshold, especially if the § 1926.960(g)(4)(iii). snaphook and a D-ring may cause snaphook
garment has threadbare areas or is torn. Flammable clothing can also be ignited by rollout, or unintentional disengagement of
Adding layers of clothing beneath an outer arcing that occurs when a conductor contacts the snaphook from the D-ring. Employers
layer of flammable fabric has no significant an employee or by nearby material that should take extra precaution when
effect on the heat energy needed to ignite the determining compatibility between
ignites upon exposure to an electric arc.
outer fabric layer. Therefore, the outer layer snaphooks and D-rings of different
of clothing must be treated as if it were a These sources of ignition must be considered manufacturers.
single layer to determine the proper ignition in determining whether the employee’s
threshold. clothing could ignite under II. Positioning Straps
Flammable clothing worn in conjunction § 1926.960(g)(4)(i) and (g)(4)(ii). Inspect positioning straps to ensure that:
with flame-resistant clothing is not permitted A. The warning center of the strap material
to pose an ignition hazard.5 Flammable Appendix G to Subpart V—Work is not exposed;
clothing may not be worn as an outer layer Positioning Equipment Inspection B. No cuts, burns, extra holes, or fraying of
if it could be exposed to heat energy above Guidelines strap material is present;
the ignition threshold. Outer flame-resistant C. Rivets are properly secured;
layers may not have openings that expose I. Body Belts
D. Straps are not made from 100 percent
flammable inner layers that could be ignited. Inspect body belts to ensure that: leather; and
When an outer flame-resistant layer would A. Hardware has no cracks, nicks, E. Snaphooks do not have cracks, burns, or
be unable to resist breakopen,6 the next distortion, or corrosion; corrosion.
(inner) layer should be flame-resistant. B. No loose or worn rivets are present;
Grounding conductors can become a III. Climbers
C. The waist strap has no loose grommets;
source of electric arcing if they cannot carry Inspect pole and tree climbers to ensure
D. The fastening straps are not made of 100
fault current without failure. These possible that:
sources of electric arcs 7 must be considered percent leather; A. Gaffs on pole climbers are no less than
in determining whether the employee’s E. No worn materials that could affect the 32 millimeters in length measured on the
safety of the user are present; and underside of the gaff;
5 Paragraph (g)(3) of § 1926.960 prohibits clothing F. D-rings are compatible with the B. Gaffs on tree climbers are no less than
that could ignite and continue to burn when snaphooks with which they will be used. 51 millimeters in length measured on the
exposed to the heat energy estimated under underside of the gaff;
paragraph (g)(2). C. Gaffs and leg irons are not fractured or
Paragraph (g)(3) of § prohibits clothing that could cracked;
ignite and continue to burn when exposed to the D. Stirrups and leg irons are free of
heat energy estimated under paragraph (g)(2).
6 Breakopen is the creation of holes, tears, or
excessive wear;
cracks in the exposed fabric such that incident
E. Gaffs are not loose;
energy is no longer effectively blocked. F. Gaffs are free of deformation that could
7 Static wires and pole grounds are examples of adversely affect use;
grounding conductors that might not be capable of G. Gaffs are properly sharpened; and
carrying fault current without failure. Grounds that H. There are no broken straps or buckles.
can carry the maximum available fault current are
not a concern and need not be considered a possible [FR Doc. 05–11585 Filed 6–14–05; 8:45 am]
electric arc source. BILLING CODE 4510–26–P

Proposed Rule: Construction and Occupational Safety and Health Standards: Electric Power Generation, Transmission, and Distribution Standard and Electrical Protective Equipment Standard Update

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Proposed Rule: Construction and Occupational Safety and Health Standards: Electric Power Generation, Transmission, and Distribution Standard and Electrical Protective Equipment Standard Update

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June 15, 2005

29 CFR Parts 1910 and 1926

2 ................ 14.6 8.4 13 18 1.00 No flashover other than momentary as a result of

TABLE IV–2.—MINIMUM FLASHOVER TEST

TABLE IV–3.—FATALITIES BY SIC

783 .................................... Line-clearance tree-trimming contractors ................................................................ 1991 4

Total ........................... ................................................................................................................................... ........................ 41

1623 .................................. Power Line Contractors ........................................................................................... 1991 15

Total ........................... ................................................................................................................................... ........................ 117

1731 .................................. Electrical Contractors ............................................................................................... 1991 5

TABLE IV–3.—FATALITIES BY SIC—Continued

Total ........................... ................................................................................................................................... ........................ 65

4911 .................................. Electric Utilities ......................................................................................................... 1991 33

Total ........................... ................................................................................................................................... ........................ 224

Total ................................................................................................................................... ........................ 17

Grand total .......... ................................................................................................................................... ........................ 464

BILLING CODE 4510–26–P

BILLING CODE 4510–26–C

Year 124408 Employees 1 43472 Employees 2 35020 Employees 3

1991 ......... 35 0.28 20 0.46 4 0.11

Total 241 0.24 182 0.52 41 0.15

BILLING CODE 4510–26–C

around, press open the keeper, and free

Type of equipment Grounded Type of Accident

Boom Truck/Derrick Truck .. 9 2 .................... 7 Boom contact with energized line.

TABLE IV–6.—FATALITIES BY VOLTAGE AND YEAR

64 Subpart V does not contain requirements for

electric power generation installations or for line-

1926.950(a)(2) .......................................................................................... 1910.269(a)(1)(iii).

65 These provisions generally require that a 3.05-

TABLE IV–8.—PROVISIONS WITH NONSUBSTANTIVE CHANGES—Continued

1926.968, Note to the definition of 1910.269(x), Note to the definition of ‘‘guarded’’.

TABLE IV–9.—PROVISIONS IN SUBPART V CORRESPONDING TO PARAGRAPHS IN § 1910.269

(a) ..................................................................................... § 1926.950 ....................................................................... General, scope, and train-

TABLE V–1.—NET BENEFITS AND COST EFFECTIVENESS

Total ................. ................................................................................................................................ 20765 227683

TABLE V–3.—NET BENEFITS AND COST EFFECTIVENESS

TABLE V–3.—NET BENEFITS AND COST EFFECTIVENESS—Continued

TABLE V–4.—OVERVIEW OF ANNUAL BENEFITS

Total Addressed by the Proposed Rulemaking .................................................................................................... 444 .................. 74

Total Monetized Benefits ............................................................................................................................... $135 million

21:14 Jun 14, 2005

Salaries (including Fringe Benefits 1) Based on Jobs Descrip-

Power gen- Utility/

TABLE V–7.—FIRST-YEAR COSTS FOR REVISING TRAINING PROGRAMS

Total ............... .................................................................................... ........................ ........................ .............................. 516,474

Total ................ ...................................................................................... ........................ ........................ ........................ 572,483

Total ................ ...................................................................................... ........................ ........................ ........................ 4,055,143

Total ................ ...................................................................................... ........................ ........................ ........................ 58,329

Total ................ ..................................................................................... ........................ ........................ ........................ 541,779

Total ................ ..................................................................................... ........................ ........................ ........................ 156,944

Total ................ ......................................................... ........................ ........................ ........................ ........................ 7,793,651

TABLE V–14.—COSTS ASSOCIATED WITH EXPANDED REQUIREMENTS FOR JOB BRIEFINGS

TABLE V–14.—COSTS ASSOCIATED WITH EXPANDED REQUIREMENTS FOR JOB BRIEFINGS—Continued

Total ................ ......................................................... ........................ ........................ ........................ ........................ 5,059,338

Total ................ ......................................................... ........................ ........................ ........................ ........................ 11,040,058

Switching Cost per

21:14 Jun 14, 2005

Total ................ ..................................................................................................... .................... .................... .................... 284,000

TABLE V–18.—POTENTIAL ECONOMIC IMPACTS—Continued

Total ..................... ........................................................ 33,943,333 284,193,059,000 24,460,456,070 0.01 0.14

TABLE V–19.—POTENTIAL ECONOMIC IMPACTS ON SMALL ENTITIES