Today OSHA announced revisions and clarifications to the electrical installation standard (Subpart S) for general industry, previously published on February 14, 2007. OSHA’s notice clarifies the scope of one provision in particular by addressing questions raised by stakeholders, specifically the Maritime Advisory Committee on Occupational Safety and Health (MACOSH).
Background: Since the Subpart S final rule was promulgated, the Agency has received questions regarding one provision, 29 CFR 1910.304(b)(3)(ii). At a MACOSH meeting on August 1, 2007, the group discussed the provision and several members expressed concern about both the extent of its application to shipyard employment and about how the Agency would interpret the rule. OSHA’s clarifications today are a direct consequence of these concerns.
As originally published, the introductory text to Sec.1910.304(b)(3)(ii) read as follows:
The following requirements apply to temporary wiring
installations that are used during maintenance, remodeling, or
repair of buildings, structures, or equipment or during similar
construction-like activities.
Concern was raised regarding the meaning of this provision. Specifically, the structure of the text of the provision the terms ``construction-like'' activities and ``temporary wiring installations.''
Both OSHA's final rule and Section 2-2.4.2 of the 2000 edition of NFPA 70E, which the Agency relied on, are intended to apply to temporary wiring installations used during the performance of construction-like activities. However, from questions the Agency received about this provision, the intent of the rule may not have be readily apparent from the text.
Changes:
--The Agency removed "construction" from the list of activities specifically mentioned in NFPA 70E and changed ``similar activities'' to ``similar construction-like activities.''
The revised introductory text to Sec.1910.304(b)(3)(ii) now reads:
The following requirements apply to temporary wiring
installations that are used during construction-like activities,
including certain maintenance, remodeling, or repair activities,
involving buildings, structures or equipment. [Emphasis added.]
NOTE: Ship building and ship repair would be considered to meet the definition of “construction-like activities” because of the scale and complexity of the work; nevertheless, the hazards associated with this work are specifically covered by OSHA's shipyard employment standards. However, the shipyard standards do not protect employees from all of the hazards addressed by paragraph (b)(3)(ii) of Sec.1910.304; in such instances, this paragraph applies to hazards not covered by the shipyard standards, as outlined in Sec. 1910.5(c). (The application of subpart S to shipyard employment is discussed in more detail in the preamble to the final rule, 72 FR 7141.)
For additional explanation and review of further clarifications please read Sub-Part S Clarification announcement from the Federal Register.