To all:

Called OSHA today to verify the NFPA 70 E edition being enforced: OSHA's 
present requirements in Subpart S, Safety-Related Work Practices, are based on 
NFPA 70E-1983, which did not at that time include specific provisions for 
flame-resistant (FR) clothing [protective equipment].  Although more recent 
versions of NFPA 70E have included such body protection provisions, OSHA has 
not conducted rulemaking proceedings to update Subpart S by adopting comparable 
provisions specifically related to the use of FR clothing to protect against 
arc-flash hazards. OSHA's existing Subpart S, therefore, does not include a 
specific requirement for the use of FR clothing. 

"Thank you for your e-mail to the Occupational Safety and Health 
Administration's (OSHA's) Directorate of Enforcement Programs (DEP) for an 
interpretation regarding OSHA's requirements and the National Fire Protection 
Association's (NFPA) 70E-2004, Standard for Electrical Safety in the Workplace. 
Your questions have been restated below for clarity. We apologize for the delay 
in our response. 

Question 1: When work must be performed on energized electric equipment that is 
capable of exposing employees to arc-flash hazards, does OSHA require the 
marking of the electric equipment to warn qualified persons of potential 
electric arc-flash hazards - i.e., as required by NFPA 70E-2004?1 

Reply: OSHA has no specific requirement for such marking. A requirement to mark 
equipment with flash hazard warnings was not included in the 1981 Subpart S 
revision. However, paragraph (e) of §1910.303 requires employers to mark 
electrical equipment with descriptive markings, including the equipment's 
voltage, current, wattage, or other ratings as necessary. OSHA believes that 
this information, along with the training requirements for qualified persons, 
will provide employees the necessary information to protect themselves from 
arc-flash hazards. 

Additionally, in §1910.335(b), OSHA requires employers to use alerting 
techniques (safety signs and tags, barricades, and attendants) . . . to warn 
and protect employees from hazards which could cause injury due to electric 
shock, burns or failure of electric equipment parts. Although these Subpart S 
electrical provisions do not specifically require that electric equipment be 
marked to warn qualified persons of arc-flash hazards, §1910.335(b)(1) requires 
the use of safety signs, safety symbols, or accident prevention tags to warn 
employees about electrical hazards (e.g., electric-arc-flash hazards) which may 
endanger them as required by §1910.145. 

Question 2:  Is flame-resistant clothing required for employees working on 
electrical installations covered by Subpart S? 

Reply:  OSHA's present requirements in Subpart S, Safety-Related Work 
Practices, are based on NFPA 70E-1983, which did not at that time include 
specific provisions for flame-resistant (FR) clothing [protective equipment].  
Although more recent versions of NFPA 70E have included such body protection 
provisions, OSHA has not conducted rulemaking proceedings to update Subpart S 
by adopting comparable provisions specifically related to the use of FR 
clothing to protect against arc-flash hazards. OSHA's existing Subpart S, 
therefore, does not include a specific requirement for the use of FR clothing.  

However, arc-flash hazards are addressed in the OSHA electrical safety-related 
work practices standards. For example, with respect to arc-flash burn hazard 
prevention, the general provisions for the Selection and use of work practices 
contained in §1910.333(a)(1) generally require deenergization of live parts 
before an employee works on or near them - i.e., employees must first render 
electric equipment safe by completely deenergizing it by means of lockout and 
tagging procedures. This single safe work practice significantly reduces the 
likelihood of arc-flash burn injury by reducing employee exposure to electrical 
hazards - i.e., exposure is limited to when the equipment is shut down and when 
the qualified employee verifies, by use of a test instrument, a deenergized 
state. 

When employees perform work on energized circuits, as permitted by 
§1910.333(a)(1), tools and handling equipment that might make contact with 
exposed energized parts must be insulated in accordance with 
§1910.335(a)(2)(i). This work practice also reduces the likelihood of employee 
injury caused by an arc blast. 

Arc-flash hazards are also addressed in §1910.335(a)(1)(v), Safeguards for 
personnel protection, which requires that personal protective Equipment (PPE) 
for the eyes and face be worn whenever there is danger of injury to the eyes or 
face from electric arcs or flashes or from flying objects resulting from an 
electrical explosion.  In addition, paragraph (a)(2)(ii) of §1910.335 requires, 
in pertinent part, the use of protective shields, barriers, or insulating 
equipment "to protect each employee from shocks, burns, or other electrically 
related injuries while that employee is working . . . where dangerous electric 
heating or arcing might occur" (emphasis added). The §1910.335(a)(2)(ii) 
safeguard selected - shield, barrier, or insulating material - must fully 
protect employees from electric shock, the blast, and arc-flash burn hazards 
associated with the incident energy exposure for the specific task to be 
performed. However, in situations where a fully protective safeguard could be 
used as an alternative, OSHA will, under its policy for de minimis violations, 
allow employers to use, instead, safeguards that are not fully protective, 
provided that the employer implement additional measures.2 The supplemental 
measures, which could include the use of arc-rated FR clothing appropriate to 
the specific task, must fully protect the employee from all residual hazardous 
energy (e.g., the resultant thermal effects3 from the electric arc) that passes 
the initial safeguard. 

Where there is no §1910.335(a)(2)(ii) safeguard that would fully protect 
against the hazards, an employer is still obligated under the Occupational 
Safety and Health Act of 1970 to take reasonable steps that will protect the 
employee to the degree possible.4 As noted in the previous paragraph, the 
protection provided by a safeguard that is not fully effective can be augmented 
through use of other safety measures such as FR clothing and other appropriate 
PPE. 

OSHA recommends that employers consult consensus standards such as NFPA 
70E-2004 to identify safety measures that can be used to comply with or 
supplement the requirements of OSHA's standards for preventing or protecting 
against arc-flash hazards. For example, Section 130.3 of the NFPA standard 
establishes its own mandatory provisions for flash-hazard-analysis5 , which 
sets forth the criteria to define a flash-protection boundary and the personal 
protective equipment for use by employees within the flash-protection boundary. 
The goal of this provision is to reduce the possibility of being injured by an 
arc-flash. The analysis is task specific and determines the worker's 
incident-energy exposure (in calories per square centimeter). Where it has been 
determined that work will be performed within the flash-protection boundary, 
NFPA 70E specifies that flame-resistant clothing and PPE use either be based on 
the pre-determined incident-energy exposure data or be in accordance with the 
Hazard/Risk Category Classifications and Protective Clothing and Personal 
Protective equipment (PPE) Matrix tables contained in Sections 130.7(C)(9) and 
(C)(10), respectively. 

Other NFPA 70E, Article 130 provisions, such as the justification for work 
through the use of an energized electrical work authorization permit, and the 
completion of a job briefing with employees before they start each job, 
additionally decrease the likelihood that exposure to electrical hazards would 
occur.  

Question 3: How is OSHA enforcing §1910.132 and Subpart S with regard to the 
latest edition of NFPA 70E requirements? 

Reply: As noted above, OSHA has not conducted a rulemaking to adopt the 
requirements of the latest edition of NFPA 70E and, therefore, does not 
"enforce" those requirements. However, industry consensus standards, such as 
NFPA 70E, can be used by OSHA and employers as guides in making hazard analyses 
and selecting control measures. 

With regards to enforcing §1910.132 and the Subpart S standards, the PPE 
requirements contained in Subpart S would prevail over the general requirements 
contained in §1910.132 where both standards would apply to the same condition, 
practice, control method, etc. See §1910.5(c)(1). 

Question 4: Does OSHA issue Section 5(a)(1) General Duty Clause violations to 
companies who do not follow the new NFPA 70E requirements? 

Reply: A violation of the General Duty Clause, Section 5(a)(1) of the Act, 
exists if an employer has failed to furnish a workplace that is free from 
recognized hazards causing or likely to cause death or serious physical injury. 
The General Duty Clause is not used to enforce the provisions of consensus 
standards, although such standards are sometimes used as evidence of hazard 
recognition and the availability of feasible means of abatement. In addition, 
the General Duty Clause usually should not be used if there is a standard that 
applies to the particular condition, practice, means, operation, or process 
involved. See §1910.5(f). 

Thank you for your interest in occupational safety and health. We hope you find 
this information helpful. OSHA requirements are set by statute, standards, and 
regulations. Our interpretation letters explain these requirements and how they 
apply to particular circumstances, but they cannot create additional employer 
obligations. This letter constitutes OSHA's interpretation of the requirements 
discussed. Note that our enforcement guidance may be affected by changes to 
OSHA rules. In addition, from time to time we update our guidance in response 
to new information. To keep apprised of such developments, you can consult 
OSHA's website at http://www.osha.gov. If you have any further questions, 
please feel free to contact the Office of General Industry Enforcement at (202) 
693-1850. 

Sincerely, 



Edwin G. Foulke, Jr.
________________________________________
1 Section 400.11 of NFPA 70E-2004 states: Switchboards, panelboards, industrial 
control panels, and motor control centers that are in other than dwelling 
occupancies and are likely to require examination, adjustment, servicing, or 
maintenance while energized shall be field marked to warn qualified persons of 
potential electric arc flash hazards. The marking shall be located so as to be 
clearly visible to qualified persons before examination, adjustment, servicing, 
or maintenance of the equipment."
 
This will most likely muddy the waters but this is from OSHA.


Jim Davidson 
 
Davidson Associates 
Fire Protection * Medical Gas * Code Consulting  
302-994-9500   Fax:302-234-1781


-----Original Message-----
From: [email protected] 
[mailto:[email protected]] On Behalf Of Ron Greenman
Sent: Wednesday, April 07, 2010 2:01 PM
To: [email protected]
Subject: Re: NFPA 25 QUALIFICATIONS FOR WORKING ON FIRE PUMP

OK, I'm at the book. Let's get the exact text so we all have it in front of us.

NFPA 25 2008 edition (next edition is 2011)
Handbook
David R. Hague, PE, CFPS

8.3.3.6
(Text) Safety. Section 4.8 shall be followed for safety requirements
while working near electric motor-driven fire pumps.

(Commentary) Work near electric motor-driven fire pumps requires a
licensed and qualified electrician using the appropriate safety
equipment such as gloves, protective clothing, and a face shield.

Due to the voltages present in a typical fire pump controller, NFPA
70E considers it as a motor control center (MCC). Therefore protective
equipment...must be worn when opening the controller.

4.8 Safety
4.8.1 Confined Spaces
4.8.2 Fall Protection
4.8.3 Hazards
4.9 Electrical Safety


Seems like the committee needs to get their references correct first.
Then it appears that Mr. Hague has overstepped a bit in his
interpretation. So end game: Commentary is not code. Look to the laws
of the state you are working in and the opinion of the AHJ, and
ultimately the AG if you disagree and what to take it to the highest
authority, rather than an the opinion of the author offered in the
commentary section of a handbook. No matter how knowledgeable that
author may be unless his opinion carries the weight of a legal opinion
it is just opinion.

On Wed, Apr 7, 2010 at 9:49 AM, [email protected]
<[email protected]> wrote:
> And the reference to a licensed electrician?
>
>
> Sent from my Verizon Wireless Phone
>
> ----- Reply message -----
> From: "Bob Caputo" <[email protected]>
> Date: Wed, Apr 7, 2010 12:36 PM
> Subject: NFPA 25 QUALIFICATIONS FOR WORKING ON FIRE PUMP
> To: <[email protected]>
>
> NFPA 70E - is the standard they are quoting for electrical safe practices in
> the work place and that standard requires the appropriate PPE (Personal
> Protective Equipment) when working on energized electrical circuits.  This
> includes the proper head cover shield which resembles that worn by bee
> keepers, rubber and leather gloves and a rubber mat upon which to stand
> while wearing appropriate shoes.
>
> There may be 1,000 ways to die but electrocution isn't the one I'd choose
> (I'm still hopeful to be shot by a very young jealous husband)
>
> The recommendations provided in the NFPA 25 Handbook are intended to provide
> a precautionary advisory that we shouldn't stick our mitts into stuff we
> don't really know enough about, lest we be severely injured or killed....
>
> Have a nice day.
>
> Bob Caputo
>
> Oh, yeah - the opinion stated above is a personal opinion which may not be
> considered an interpretation of the NFPA 25 standard nor does this reflect
> the opinion of NFPA, etc...
>
>
> -----Original Message-----
> From: [email protected]
> [mailto:[email protected]] On Behalf Of Roland
> Huggins
> Sent: Wednesday, April 07, 2010 8:13 AM
> To: [email protected]
> Subject: Re: NFPA 25 QUALIFICATIONS FOR WORKING ON FIRE PUMP
>
> NFPA 25 does point out that one needs to take appropriate precautions
> - see section 4.9.  The Handbook identifies other standards to apply
> for safety precautions.
>
> Roland
>
> On Apr 7, 2010, at 7:53 AM, Tom Duross wrote:
>
>> I think that might be an item in OSHA.  I was told last summer by an
>> electrician to step away during a start-up that I need full non-
>> conductive
>> apparel in addition to ear-eye-head protection. He said it was in
>> NFPA (I
>> looked in 70 and 20) but I think it might have come up in a training
>> class.
>> Tom
>>
>>
>> I have never heard this even suggested at the NFPA 25 meetings.  Since
>> the text in 25 does not even suggest it, I would put it down as an
>> over-zealous editor in the Handbook.  I will pursue clarification of
>> this with NFPA for the next edition of the Handbook (which we just
>> finished working on).
>>
>> Roland
>>
>> On Apr 6, 2010, at 3:57 PM, [email protected] wrote:
>>
>>> NFPA 25-8.3.3.6 Handbook commentary states that a licensed
>>> electrician should perform work near fire pumps.
>>> Is the Committee trying to establish that only licensed electricians
>>> should perform work on or near controllers, or that an electrician
>>> should always be present?
>>> Can someone please clarify what the commentary is implying or
>>> stating?
>>>
>>> Forest Wilson
>>
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-- 
Ron Greenman
Instructor
Fire Protection Engineering
Bates Technical College
Tacoma, WA

Member:
SFPE, ASCET, NFPA, AFSA, NFSA AFAA, NIBS, WSAFM, WFC
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