OSHA & 70E – Part 3 of 4

By Mel Amundson

This article is the 3rd in a series of four (4) where I will try to provide a framework for your understanding of how “NFPA 70E and Arc Flash Safety” are affecting our workplace today, and into the future.  To view prior articles click on Part 1 or Part 2.

3.  Personal Protective Equipment. “What OSHA says to wear today”
a. Article 1910.132   “Personal protective equipment and their requirements.

Article 1910.135(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.

The question arises then: does an employer have an obligation under the General Duty Clause to ensure that its own employees comply with the personal protective equipment requirements of NFPA 70E.  The article provisions from OSHA are written in general terms, requiring, for example, that personal protective equipment be provided “where necessary by reason of hazards…” 

b. Article 1910.135.  “Safeguards for personal protection”

Article 1910.135(a) (1) the employer shall ensure that each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head from falling objects.

Article 1910.135(a) (2) The employer shall ensure that a protective helmet designed to reduce electrical shock hazard is worn by each such affected employee when near exposed electrical conductors which could contact the head.

Under these acts, the employer must insure that affected employees wear a protective helmet that meet either the applicable ANSI Z89.1 standard or a helmet that the employer demonstrates “to be equally effective”.  These protective helmets are designated as Class E hardhats, and are rated for 20,000 volts of electrical protection.

If we look at the standards required by Article 1910.132(d) (1), which requires that a workplace hazard assessment be performed, and if hazards are present, or likely to be present, provide each affected employee with Personal Protective Equipment (PPE) for protection. The failure to adequately provide needed PPE could easily lead to a general duty clause citation. (See part 2 of this article series)

Mel Amundson, President of Amstar Electric, is a noted presentor and consultant in the electrical industry.  http://www.mbamundson.com/