Take 5 for Safety

10CFR851 and Electrical Equipment Installation

When Does 10CFR851 Apply?

DOE interpretation of 10CFR851: The great majority of the referenced standards contain

language indicating that they apply to “design and construction” or, in the case of the National Electrical Code, “installations”–not to existing facilities or existing electrical systems. In addition, many of the standards clearly indicate that they are not intended to be applied retroactively.

More on 10CFR851

DOE indicates if the contractor is not installing …, then NFPA 70 does not apply

In addition, the enforcement guidance states that: Additions, alterations, or repairs to any building,

structure, or premises shall conform to that required of a new building without requiring the existing building to comply with all the requirements of this code

OSHA and 10CFR851

When 10CFR851 went into effect, it made OSHA a referenced standard

On August 13, 2007, OSHA ruled that many electrical equipment rules are fully retroactive, and apply to particular types of installations regardless of when they were installed

This contrasts with the common practice of OSHA and many other regulators to “grandfather” facilities or operations in place when a regulatory requirement takes effect

OSHA Requirements Made Retroactive

Examination, installation, and use of equipment Splices Arcing parts Marking Identification of disconnecting means Guarding of live parts 600 volts (V) or less Grounding terminals and devices Over current protection (600 V nominal or less) Grounding systems, connections, path, supports Grounding non-electrical equipment Grounding methods for fixed equipment Uses of flexible cords and cables Splices for flexible cords and cables …

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