Hi gang:
I have seen this thread more than once on this forum, regarding the fabled
OSHA rule, CFR29 sec. 1910.399 as a basis to propose that ITE product safety
in the US is a matter of legislation rather than litigation. It sounds great
on the surface, but let's dig a little deeper.
29CFR sec. 1910.399 is the definitions section as applies to Subpart
S--Electrical. If we take a look at the scope of Subpart S, found at
sec.1910.301, we see that the scope of Subpart S DOES NOT include ITE,
unless it is ITE used in Hazardous Locations. The definition found in
1910.399 only applies to "all electric equipment and installations used to
provide electric power and light for employee workplaces."
IMHO, product safety for ITE in the US is a matter of potential litigation,
not legislation. There is no federal law along the lines of the LVD that
mandates compliance of ITE to any safety standard. Other product types, such
as laser devices and medical devices, have applicable federal code governing
design, construction, reporting, record keeping, etc. Of course, the wise
manufacturer may employ an independent third party (NRTL) to evaluate the
product to accepted safety standards - an advance preperation of the defense
against a product liability lawsuit - NOT required by US federal code, and
certainly 29CFR does NOT require that ITE used by the American worker be
approved by an NRTL.
The scope of Subpart S is shown below. I heartily welcome any rebuttals to
my opinion.
Doug Massey
Lead Regulatory Engineer
LXE, Inc
****************************************************************************
*
This subpart addresses electrical safety requirements that are
necessary for the practical safeguarding of employees in their
workplaces and is divided into four major divisions as follows:
(a) Design safety standards for electrical systems. These
regulations are contained in Secs. 1910.302 through 1910.330. Sections
1910.302 through 1910.308 contain design safety standards for electric
utilization systems. Included in this category are all electric
equipment and installations used to provide electric power and light for
employee workplaces. Sections 1910.309 through 1910.330 are reserved for
possible future design safety standards for other electrical systems.
(b) Safety-related work practices. These regulations will be
contained in Secs. 1910.331 through 1910.360.
(c) Safety-related maintenance requirements. These regulations will
be contained in Secs. 1910.361 through 1910.380.
(d) Safety requirements for special equipment. These regulations
will be contained in Secs. 1910.381 through 1910.398.
(e) Definitions. Definitions applicable to each division are
contained in Sec. 1910.399.
****************************************************************************
*
-----Original Message-----
From: Eric Petitpierre [mailto:eric.petitpie...@pulse.com]
Sent: Wednesday, March 20, 2002 1:35 PM
To: jjuh...@fiberoptions.com; sbr...@prodigy.net
Cc: emc-p...@ieee.org
Subject: RE: NEC Question
A couple of exceptions to what has been posted before by George and John.
Referring to OSHA section 1910.399:
"With respect to an installation or equipment of a kind which no nationally
recognized testing laboratory accepts, certifies, lists, labels, or
determines to be safe, if it is inspected or tested by another federal
agency, or by a state, municipal, or other local authority responsible for
enforcing occupational safety provisions of the National Electrical Code as
applied in this Subpart, or:
With respect to custom-made equipment or related installations which are
designed, fabricated for, and intended for use by a particular customer, if
it is determined to be safe for its intended use by its manufacturer on the
basis of test data which the employer keeps and makes available for the
inspection to the Assistant Secretary or his authorized representatives."
The first part will probably boil down to the same thing, get an NRTL to
accept the product. The second part is much more flexible, but limits it to
a "particular customer". An excercise in Risk Management if you pursue that
approach.
Regards,
Eric Petitpierre
Pulsecom
Herndon, VA
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