[Federal Register: February 14, 2007 (Volume 72, Number 30)]
[Rules and Regulations]
[Page 7135-7221]
[DOCID:fr14fe07-14]

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Part II

Department of Labor

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Occupational Safety and Health Administration

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29 CFR Part 1910

Electrical Standard; Final Rule

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. S-108C]
RIN 1218-AB95

Electrical Standard

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Final rule.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is
revising the general industry electrical installation standard found in
Subpart S of 29 CFR Part 1910. The Agency has determined that
electrical hazards in the workplace pose a significant risk of injury
or death to employees, and that the requirements in the revised
standard, which draw heavily from the 2000 edition of the National Fire
Protection Association's (NFPA) Electrical Safety Requirements for
Employee Workplaces (NFPA 70E), and the 2002 edition of the National
Electrical Code (NEC), are reasonably necessary to provide protection
from these hazards. This final rule focuses on safety in the design and
installation of electric equipment in the workplace. This revision will
provide the first update of the installation requirements in the
general industry electrical installation standard since 1981.
    OSHA is also replacing the reference to the 1971 NEC in the
mandatory appendix to the general industry powered platform standard
found in Subpart F of 29 CFR Part 1910 with a reference to OSHA's
electrical installation standard.

DATES: This final rule becomes effective on August 13, 2007.

ADDRESSES: In accordance with 28 U.S.C. 2112(a), the Agency designates
the Associate Solicitor of Labor for Occupational Safety and Health,
Office of the Solicitor of Labor, Room S4004, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210, to receive
petitions for review of the final rule.

FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries, contact Mr. Kevin Ropp, Director, Office of Communications,
Room N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone<PHONE_NUMBER>. For technical
inquiries, contact Mr. David Wallis, Directorate of Standards and
Guidance, Room N-3609, OSHA, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone<PHONE_NUMBER>.
    For additional copies of this Federal Register notice, contact
OSHA, Office of Publications, Room N-3101, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-1888. Electronic copies of this Federal Register notice, as well as
news releases and other relevant documents, are available at OSHA's Web
page on the Internet at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    This final rule revises OSHA's existing standard for electrical
installations, which is contained in Sec. Sec.  1910.302 through
1910.308 of Subpart S, with relevant definitions in Sec.  1910.399. It
applies, as the existing standard does, to employers in general
industry and in shipyard employment, longshoring, and marine terminals.
    OSHA undertook the project to revise Subpart S for two major
reasons. First, the Agency wanted the standard to reflect the most
current practice and technology in the industry. The existing standard
is based on a national consensus standard, the 1979 edition of Part I
of NFPA 70E, entitled Standard for Electrical Safety Requirements for
Employee Workplaces. That consensus standard has been updated several
times since OSHA last revised its electrical installation requirements
in 1981. The final rule being published today is based on Part I of the
2000 edition of NFPA 70E. Second, in implementing this rule, OSHA is
responding to requests from stakeholders that the Agency revise Subpart
S so that it reflects the most recent editions of NFPA 70E and the
NEC.\1\ These stakeholders argued that interested members of the public
have had substantial input into the content of NFPA 70E and that
industry is complying with that consensus standard in its present form.
The revised standard will be more flexible and efficient for
stakeholders, including small businesses, while improving safety for
employees.
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    \1\ See, for example, letters from: Judith Gorman, Managing
Director of the Institute of Electrical and Electronic Engineers;
George D. Miller, President and Chief Executive Officer of the
National Fire Protection Association; Frank K. Kitzantides, Vice
President of Engineering at the National Electrical Manufacturers
Association; and Kari P. Barrett, Director of Regulatory and
Technical Affairs, Plant Operations, at the American Chemistry
Council (Exhibit 2-62, 2-63, 2-64, 2-65).
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    OSHA's existing electrical standard in Sec. Sec.  1910.302 through
1910.308 is based on the 1979 edition of NFPA 70E, which is a national
consensus standard developed by a cross section of industry, labor, and
other allied interests. Consensus standards like the NEC and NFPA 70E
provide nationally recognized safe electrical installation
requirements. Additionally, the consensus process used in developing
the 2000 edition of NFPA 70E, Part 1 of which is based on the NEC,
ensures that requirements contained in that standard are current and at
the forefront of electrical safety technology. Because the primary
objective of this revision of Subpart S is to update the standard to
recognize, and in some cases require, the more current electrical
safety technology, OSHA believes that the more recent editions of NFPA
70E should be the foundation of the final standard.\2\ Lastly, the
Agency has determined that electrical hazards in general industry
workplaces pose a significant risk and that the final standard will
substantially reduce that risk.
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    \2\ A newer edition of NFPA 70E was published shortly after OSHA
issued the proposed rule. Whether the final rule should be based on
this edition, NFPA 70E-2004, is one of the issues raised by comments
on the proposal. See the discussion of this issue in section V,
Summary and Explanation of the Final Standard.
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    The remainder of the preamble discusses the background of the final
rule, the history of the standard, and the legal authority for the
standard; provides a summary and explanation of the final standard;
includes the final economic and regulatory flexibility analysis and the
information collections associated with the rule; and covers other
miscellaneous topics. The outline of the preamble is as follows:

I. Introduction
II. Background
III. History of the Standard
IV. Legal Authority
V. Summary and Explanation of the Final Standard
VI. Final Economic and Regulatory Screening Analysis
VII. State Plan Standards
VIII. Environmental Impact Analysis
IX. Unfunded Mandates
X. Federalism
XI. OMB Review under the Paperwork Reduction Act of 1995
XII. Effective Date and Date of Application

II. Background

A. Hazards Associated With Electricity

    Electricity is widely recognized as a serious workplace hazard,
exposing employees to electric shock, burns, fires, and explosions.
According to the Bureau of Labor Statistics, 289 employees were killed
by contact with electric current in 2002 (Ex. 2-8). Other employees
have been killed or injured

in fires and explosions caused by electricity.
    It is well known that the human body will conduct electricity. If
direct body contact is made with an electrically energized part while a
similar contact is made simultaneously with another conductive surface
that is maintained at a different electrical potential, a current will
flow, entering the body at one contact point, traversing the body, and
then exiting at the other contact point, usually the ground. Each year
many employees suffer pain, injuries, and death from such electric
shocks.
    Current through the body, even at levels as low as 3 milliamperes,
can also cause injuries of an indirect or secondary nature in which
involuntary muscular reaction from the electric shock can cause
bruises, bone fractures and even death resulting from collisions or
falls.
    Burns suffered in electrical accidents can be very serious. These
burns may be of three basic types: electrical burns, arc burns, and
thermal contact burns. Electrical burns are the result of the electric
current flowing in the tissues, and may be either skin deep or may
affect deeper layers (such as muscles and bones) or both. Tissue damage
is caused by the heat generated from the current flow; if the energy
delivered by the electric shock is high, the body cannot dissipate the
heat, and the tissue is burned. Typically, such electrical burns are
slow to heal. Arc burns are the result of high temperatures produced by
electric arcs or by explosions close to the body. Finally, thermal
contact burns are those normally experienced from the skin contacting
hot surfaces of overheated electric conductors, conduits, or other
energized equipment. In some circumstances, all three types of burns
may be produced simultaneously.
    If the current involved is great enough, electric arcs can start a
fire. Fires can also be created by overheating equipment or by
conductors carrying too much current. Extremely high-energy arcs can
damage equipment, causing fragmented metal to fly in all directions. In
atmospheres that contain explosive gases or vapors or combustible
dusts, even low-energy arcs can cause violent explosions.

B. Nature of Electrical Accidents

    Electrical accidents, when initially studied, often appear to be
caused by circumstances that are varied and peculiar to the particular
incidents involved. However, further consideration usually reveals the
underlying cause to be a combination of three possible factors: work
involving unsafe equipment and installations; workplaces made unsafe by
the environment; and unsafe work performance (unsafe acts). The first
two factors are sometimes considered together and simply referred to as
unsafe conditions. Thus, electrical accidents can be generally
considered as being caused by unsafe conditions, unsafe acts, or, in
what is usually the case, combinations of the two. It should also be
noted that inadequate maintenance can cause equipment or installations
that were originally considered safe to deteriorate, resulting in an
unsafe condition.
    Some unsafe electric equipment and installations can be identified,
for example, by the presence of faulty insulation, improper grounding,
loose connections, defective parts, ground faults in equipment,
unguarded live parts, and underrated equipment. The environment can
also be a contributory factor to electrical accidents in a number of
ways. Environments containing flammable vapors, liquids, or gases;
areas containing corrosive atmospheres; and wet and damp locations are
some unsafe environments affecting electrical safety. Finally, unsafe
acts include the failure to deenergize electric equipment when it is
being repaired or inspected or the use of tools or equipment too close
to energized parts.

C. Protective Measures

    There are various ways of protecting employees from the hazards of
electric shock, including insulation and guarding of live parts.
Insulation provides a barrier to the flow of current. To be effective,
the insulation must be appropriate for the voltage, and the insulating
material must be undamaged, clean, and dry. Guarding prevents the
employee from coming too close to energized parts. It can be in the
form of a physical barricade, or it can be provided by installing the
live parts out of employees' reach. (This technique is known as
``guarding by location.'')
    Grounding is another method of protecting employees from electric
shock; however, it is normally a secondary protective measure. To keep
guards or enclosures at a common potential with earth, they are
connected, by means of a grounding conductor, to ground. In addition,
grounding provides a path of low impedance and of ample capacity back
to the source to pass enough current to activate the overcurrent
devices in the circuit. If a live part accidentally contacts a grounded
enclosure, current flow is directed back to earth, and the circuit
protective devices (for example, fuses and circuit breakers) can
interrupt the circuit.
    If it draws too much current, electric equipment can overheat,
which can result in fires. Overheating can also lead to electric shock
hazards if the insulation protecting a conductor melts. Protecting
electric equipment from overcurrent helps prevent this from happening.
    Designing and installing equipment to protect against dangerous
arcing and overheating is also important in preventing unsafe
conditions that can lead to fires, high energy electric arcs, and
explosions. Employers and employees cannot usually detect improperly
designed or rated equipment. Thus, OSHA relies on third-party testing
and certification of electric equipment to ensure proper electrical
design. This helps ensure, for example, that equipment will not
overheat during normal operation and that equipment designed for use in
a hazardous location will not cause a fire or explosion. It also helps
ensure that equipment is appropriately rated and marked, allowing
employees designing electrical installations and installing electric
equipment to select equipment and size conductors in accordance with
those ratings.\3\ Many of the requirements in OSHA's electrical
standards in turn depend on accurate ratings on equipment.
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    \3\ Electric equipment is typically rated for use with certain
voltages and current. For example, an electric hair dryer might be
rated at 125 volts, 1875 watts. The voltage rating indicates the
maximum voltage for which the equipment is rated. The wattage rating
indicates how much power the equipment will draw when connected to a
circuit at the maximum voltage. The current drawn by the equipment
is the wattage rating divided by the voltage rating. Thus, the
circuit voltage (120 volts, nominal) is less than the maximum rated
voltage of the hair dryer (125 volts), and the circuit is rated for
the current the equipment will draw (1875 watts/125 volts = 15
amperes). Thus, the hair dryer would be suitable for use on a 120-
volt circuit capable of safely carrying 15 amperes.
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    These protective measures help ensure the safe installation of
electric equipment and are prescribed by the requirements presently
contained in 29 CFR Part 1910, Subpart S. Addressing common unsafe
conditions, these rules cover such safety considerations as guarding
and insulation of live parts, grounding of equipment enclosures, and
protection of circuits from overcurrent. This rulemaking updates those
requirements to make them consistent with the latest editions of NFPA
70E. This revision will better protect employees by recognizing the
latest techniques in electrical safety and by requiring installations
to incorporate those techniques whenever necessary.

D. Significant Risk and Reduction in Risk

    As stated earlier, electricity has long been recognized as a
serious workplace hazard exposing employees to dangers such as electric
shock, electrocution, fires, and explosions. The 100-year-long history
of the National Electrical Code, originally formulated and periodically
updated by industry consensus, attests to this fact. The NEC has
represented the continuing efforts of experts in electrical safety to
address these hazards and provide standards for limiting exposure in
all electrical installations, including workplaces. OSHA has determined
that electrical hazards in the workplace pose a significant risk of
injury or death to employees and that this final rule, which draws
heavily on the experience of the NEC, will substantially reduce this
risk.
    According to the U.S. Bureau of Labor Statistics, between 1992 and
2002, an average of 295 employees died per year from contact with
electric current, and between 1992 and 2001 an average of 4,309
employees lost time away from work because of electrical injuries.\4\
Overall, there has been a downward trend in injuries and illnesses, but
the percentage has varied from year to year. From 1992 to 2001, the
number of injuries involving days away from work decreased by 29
percent. From 1992 to 2002, the number of deaths decreased by 9
percent. This downward trend is due, in major part, to 30 years of
highly protective OSHA regulation in the area of electrical
installation, based on the NEC and NFPA 70E standards. The final
standard carries forward most of the existing requirements for
electrical installations, with the new and revised requirements
intended as fine tuning, introducing new technology along with other
improvements in safety. By complying with the final standard, employers
will prevent unsafe electrical conditions from occurring.
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    \4\ The Survey of Occupational Injuries and Illnesses and the
Census of Fatal Occupational Injuries, http://www.bls.gov/iif/home.htm#tables
.

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    While the number of deaths and injuries associated with electrical
hazards has declined, contact with electric current still poses a
significant risk to employees in the workplace, as evidenced by the
numbers of deaths and serious injuries still occurring due to contact
with electric current. This final rule will help further reduce the
number of deaths and injuries associated with electrical hazards by
providing additional requirements for installation safety and by
recognizing alternative means of compliance.

III. History of the Standard

    On February 16, 1972, OSHA incorporated the 1971 edition of the
National Fire Protection Association's (NFPA) National Electrical Code
(NEC), NFPA 70-1971, by reference as its electrical standard for
general industry (37 FR 3431). The Agency followed the procedures
outlined in Section 6(a) of the Occupational Safety and Health Act of
1970 (OSH Act; 29 U.S.C. 655), which directed the Secretary to adopt
existing national consensus standards as OSHA standards within 2 years
of the effective date of the OSH Act. In incorporating the 1971 NEC by
reference, OSHA made the entire 1971 NEC applicable to all covered
electrical installations made after March 15, 1972. For covered
installations made before that date, OSHA listed about 16 provisions
from the 1971 NEC that applied. No other provisions of the 1971 NEC
applied to these older installations. Thus, older installations were
``grandfathered'' so that they did not need to meet most of the
requirements in the consensus standard.
    On January 16, 1981, OSHA revised its electrical installation
standard for general industry (46 FR 4034). This revision replaced the
incorporation by reference of the 1971 NEC with relevant requirements
from Part I of the 1979 edition of NFPA 70E. The revision simplified
and clarified the electrical standard and updated its provisions to
match the 1978 NEC (the latest edition available at the time). The
standard was written to reduce the need for frequent revision and to
avoid technological obsolescence. These goals were achieved--NFPA 70E
had only minor changes over its initial 15 years of existence. The
first substantial changes were introduced in the 1995 edition of NFPA
70E.
    The 2000 edition of NFPA 70E contains a number of significant
revisions, including a new, alternative method for classifying and
installing equipment in Class I hazardous locations (see preamble
Section I. N. Zone Classification, below). NFPA has recommended that
OSHA revise its general industry electrical standards to reflect the
latest edition of NFPA 70E, arguing that such a revision would provide
a needed update to the OSHA standards and would better protect
employees. This final rule responds to NFPA's recommendations with
regard to installation safety. It also reflects the Agency's commitment
to update its electrical standards, keep them consistent with NFPA
standards, and ensure that they appropriately protect employees. The
Agency intends to extend this commitment by using NFPA 70E as a basis
for future revisions to its electrical safety-related work practice
requirements and new requirements for electrical maintenance and
special equipment.
    The proposed rule was published in the Federal Register on April 5,
2004. The public had a 60-day comment period that ended on June 4,
2004. OSHA received 38 comments on the proposed revision of OSHA's
electrical installation standard for general industry. The Agency
received one hearing request on the proposal, which was subsequently
withdrawn.
    The comments addressed specific provisions in the proposal and
raised several issues, including: (1) Whether OSHA should use the
latest edition of NFPA 70E or the NEC to revise Subpart S; (2) whether
OSHA should update the corresponding construction standard at the same
time; (3) whether OSHA should address work practices and other revised
provisions of NFPA 70E; and (4) what the effective date of the standard
should be. (See section V, ``Summary and Explanation of the Final
Standard,'' later in the preamble, for a discussion of the comments.)

IV. Legal Authority

    The purpose of the OSH Act, 29 U.S.C. 651 et seq., is ``to assure
so far as possible every working man and woman in the Nation safe and
healthful working conditions and to preserve our human resources.'' 29
U.S.C. 651(b). To achieve this goal, Congress authorized the Secretary
of Labor to promulgate and enforce occupational safety and health
standards. 29 U.S.C. 655(b) & 658.
    A safety or health standard ``requires conditions, or the adoption
or use of one or more practices, means, methods, operations, or
processes, reasonably necessary or appropriate to provide safe or
healthful employment and places of employment.'' 29 U.S.C. 652(8). A
standard is reasonably necessary or appropriate within the meaning of
Section 652(8) if:
     A significant risk of material harm exists in the
workplace and the proposed standard would substantially reduce or
eliminate that workplace risk;
     It is technologically and economically feasible;
     It employs the most cost effective protective measures;
     It is consistent with prior Agency action or supported by
a reasoned justification for departing from prior Agency action;
     It is supported by substantial evidence; and

     In the event the standard is preceded by a consensus
standard, it is better able to effectuate the purposes of the OSH Act
than the standard it supersedes.
    International Union, UAW v. OSHA (LOTO II), 37 F.3d 665, 668 (D.C.
Cir. 1994).
    OSHA has generally considered an excess risk of 1 death per 1000
employees over a 45-year working lifetime as clearly representing a
significant risk (see Industrial Union Dept. v. American Petroleum
Institute (Benzene), 448 U.S. 607, 655 (1980); International Union v.
Pendergrass (Formaldehyde), 878 F.2d 389, 392-93 (D.C. Cir. 1989);
Building and Construction Trades Dept., AFL-CIO v. Brock (Asbestos),
838 F.2d 1258, 1264-65 (D.C. Cir. 1988)).
    A standard is considered technologically feasible if the protective
measures it requires already exist, can be brought into existence with
available technology, or can be created with technology that can
reasonably be expected to be developed (see American Iron and Steel
Institute v. OSHA (Lead II), 939 F.2d 975, 980 (D.C. Cir. 1991)). A
standard is economically feasible when industry can absorb or pass on
the costs of compliance without threatening the industry's long-term
profitability or competitive structure (see American Textile Mfrs.
Institute v. OSHA (Cotton Dust), 452 U.S. 490, 530 n. 55 (1981); Lead
II, 939 F.2d at 980). A standard is cost effective if the protective
measures it requires are the least costly of the available alternatives
that achieve the same level of protection (see LOTO II, 37 F.3d at
668).
    All OSHA standards must be highly protective (LOTO II, 37 F.3d at
669) and, where practical, ``expressed in terms of objective criteria
and of the performance desired.'' 29 U.S.C. 655(b)(5). Finally, the OSH
Act requires that when promulgating a rule that differs substantially
from a national consensus standard, OSHA must explain why the
promulgated rule is a better method for effectuating the purpose of the
OSH Act. 29 U.S.C. 655(b)(8). As discussed earlier, OSHA is using NFPA
70E as the basis for its final rule, with some modifications as
necessary, as explained in detail in the next section of the preamble.

V. Summary and Explanation of the Final Standard

    This section discusses the important elements of the final
standard, explains the purpose of the individual requirements, and
explains any differences between the final standard and the existing
standard. This section also discusses and resolves issues raised during
the comment period, significant comments received as part of the
rulemaking record, and any substantive changes that were made from the
language of the proposed rule. References in parentheses are to
exhibits in the rulemaking record. Except as noted, OSHA is carrying
forward the language from the proposal into the final rule without
substantive differences.

A. Issues

    1. Comments supporting the revision of Subpart S. The vast majority
of the comments supported OSHA's efforts to update the general industry
electrical standards (Exs. 3-3, 3-4, 3-6, 3-7, 3-8, 3-9, 4-10, 4-24).
For example, the National Petrochemical & Refiners Association
expressed support for updating Subpart S so that it is consistent with
the current editions of the NFPA 70E and the NEC, because, they stated,
its members place a high priority on safety and understand the
necessity for electrical installation standards (Ex. 3-4). The American
Society of Safety Engineers (ASSE) also supported the proposal,
stating: ``It is appropriate to move forward with this revision, given
the seriousness of electrical hazards and the fact that nearly 300
workers are killed each year from contact with electrical current or as
the result of injuries caused by fires and explosions related to
electrical accidents [Ex. 3-5].''
    The National Institute for Occupational Safety and Health (NIOSH)
and the North Carolina Department of Labor also supported OSHA's
proposed revision (Exs. 3-9, 5-2). NIOSH stated: ``The proposed revised
standard will provide workers in general industry and maritime
employment with improved protection against injuries and death from
electrical hazards [Ex. 3-9].'' The North Carolina Department of Labor
expressed a similar view, stating: ``The revisions proposed to the
existing standard should provide a greater measure of protection to
employees working on and around electrical equipment and installations
[Ex. 5-2].''
    OSHA appreciates the support of these commenters. The Agency
believes that the final standard will better protect employees than the
existing standard. The record overwhelmingly supports this view.
    2. OSHA should use the latest version of NFPA 70E or the NEC. OSHA
received several comments recommending that the standard be based on
the latest version of NFPA 70E or the NEC (Exs. 3-8, 4-3, 4-6, 4-8, 4-
11). Some of the commenters argued that, by using the 2000 edition of
the NFPA 70E rather than the more recent 2004 edition, OSHA was not
reflecting the most current practices and technology. For example,
David Soffrin of the American Petroleum Institute stated:

    We applaud the reasons for the proposal, as stated by OSHA: (a)
To reflect the most current practice and technology in the industry;
and (b) to respond to requests from stakeholders that the electrical
standards conform with the most recent editions of the National Fire
Protection Association (NFPA) 70E, Standard for Electrical Safety
Requirements for Employee Workplaces, and the National Electrical
Code (NEC). However, the proposal follows the NFPA standard 70E-
2000, while the NFPA Standards Council issued an updated version
January 14, 2004, which supercedes NFPA 70E-2000. We believe that if
the intent is to reflect the most current practice and technology,
using a four-year-old standard, which will be even more dated by the
time OSHA finalizes this standard, is inappropriate. We therefore
recommend that OSHA revise the proposal using NFPA 70E-2004,
Standard for Electrical Safety in the Workplace, or the 2002 NEC,
which would require numerous modifications [Ex. 4-11].

    John Paschal of the Bechtel Corporation wrote: ``Since NFPA 70E-
2004 is now published and issued to the public, and since it contains
significantly enhanced technical data that the NFPA 70E-2000 did not
contain, I recommend that OSHA adopt NFPA 70E-2004 instead of NFPA 70E-
2000 [Ex. 4-3].''
    James Kendrick of ASSE noted that the major differences between the
current versions of the OSHA electrical installation standards and the
proposed rule fall into the following categories:
     Changes in the hardware specifications that are consistent
with NEC requirements,
     Changes in installation practices that are consistent with
the current, accepted installation practices followed by licensed
electricians and other qualified persons,
     Clarification of existing requirements that add minimal
new obligations or otherwise permit flexibility in compliance, and
     Requirements that do significantly modify electrical
system and equipment installation practices or impose new documentation
requirements (Ex. 3-5).
    He was concerned that the OSHA final rule would be functionally
obsolete when it is published and, thus, have diminished utility in the
future since most electricians are currently learning the NEC 2002
coding system. He argued that it would be beneficial for OSHA to use
the same standard as those involved in electrical work.

    OSHA has decided not to base the final rule as a whole on NFPA 70E-
2004, which was published on April 9, 2004, shortly after OSHA's
proposal was published. The 2004 version of the national consensus
standard was not placed in the rulemaking record; therefore, the Agency
does not believe that the public would have had adequate notice of the
many changes in the latest NFPA standard, to the extent that the Agency
would have incorporated these changes in the final rule. Basing Subpart
S on the latest edition of NFPA 70E would thus necessitate reproposing
the rule. Given the time involved in reproposing and finalizing an OSHA
standard, it is likely that NFPA 70E will be revised yet again within
that timeframe. In addition, because NFPA 70E and OSHA's electrical
installation standard were developed specifically to minimize the need
for revision with every new version of the NEC, a final rule based on
the 2000 edition of NFPA 70E will not be obsolete. Furthermore, several
provisions in the final rule are based on corresponding requirements in
the 2002 NEC, on which NFPA 70E-2004 is based. (See the distribution
table later in this section of the preamble.) In proposing and
finalizing this revision of Subpart S, OSHA carefully chose which NEC
changes would have the greatest impact on employee safety. The Agency
does not believe that delaying the substantial increase in employee
safety that would result from the standard published in the final rule
is warranted.
    On the other hand, where the rulemaking record supports specific
requirements that are consistent with the 2004 edition of NFPA 70E,
OSHA has adopted those requirements in the final rule. For example,
final Sec.  1910.304(b)(3)(ii)(A) is based, in part, on Section
410.4(B)(1) of the 2004 edition of NFPA 70E rather than Part I, Chapter
2, Section 2.4 of the 2000 edition of NFPA 70E. (See the detailed
explanation, later in the preamble, discussing the rationale for this
provision, which requires a written assured equipment grounding
conductor program where ground-fault circuit-interrupters are not
available.) In these specific cases, the rulemaking record supports
OSHA's using the language from the relevant provision in NFPA 70E-2004
and from the 2002 NEC, on which the new NFPA 70E requirement is based.
This avoids the notice problem discussed earlier. In addition, OSHA
will consider using later versions of NFPA 70E to update the electrical
installation requirements adopted in this final rule when the Agency
develops future proposals to revise Subpart S to update the existing
electrical safety-related work practice requirements and to adopt new
provisions on safety-related maintenance and special equipment.
    3. OSHA should update the Electrical Standard for construction at
the same time this rule is being promulgated. The Agency received one
comment asking OSHA to consider revising the Electrical Standard for
construction at the same time as the revision to the Electrical
Standard for general industry (Ex. 4-2). Reliable Safety Solutions,
LLC, stated that installing equipment in general industry and
installing equipment in the construction industry is much the same (Ex.
4-2). They argued that the hazards encountered are the same and the
safe work practices when working with electricity are the same. Thus,
they said that to update one standard and not the other would allow for
one standard to be out of date and certain hazards to exist.
    The Agency is aware that the general industry and the construction
industry both address similar electrical hazards and have similar safe
work practices. OSHA is also aware that its electrical standards for
construction in 29 CFR 1926, Subpart K also need updating. Like Subpart
S, Subpart K is based on the 1979 edition of NFPA 70E. In addition, the
electrical safety-related work practices in Subpart K are even older
than their general industry counterparts. However, OSHA must consult
with the Advisory Committee on Construction Safety and Health before
publishing a proposal. In addition, OSHA would have to include the
construction industry in its regulatory analysis and repropose the
standard to address construction as part of this rulemaking. Although
OSHA will consider updating Subpart K to make it consistent with
Subpart S in the future, it is not possible to do so as part of this
final rule.
    4. OSHA should update the safety-related work practice requirements
in Subpart S at the same time this rule is being promulgated. One
commenter recommended that OSHA revise its electrical safety-related
work practice standard in Subpart S based on the corresponding
requirements in NFPA 70E (Ex. 4-5). He argued that electricians
encounter exposed energized parts of electric circuits, which
demonstrates the need for the protective clothing and safe work
practices contained in NFPA 70E.
    OSHA agrees that the latest editions of NFPA 70E provide improved
protection to employees through better electrical safety-related work
practices. In particular, the heightened focus on the hazards posed by
electric arcs may substantially reduce injuries and fatalities
associated with those hazards. However, revising the safety-related
work practice requirements in Subpart S is beyond the scope of this
rulemaking. The Agency is planning to update these requirements as the
next phase of the project to update OSHA's electrical standards.
Although OSHA expects this phase of the project to yield significant
benefits, the Agency also expects it to take longer to promulgate a
final rule on safety-related work practices owing to the more complex
regulatory analysis required and the greater controversy that is likely
to be encountered.

B. Scope

    Existing Sec. Sec.  1910.302 through 1910.308 of Subpart S apply to
electrical installations and utilization equipment used and installed
in workplaces in general industry and in shipyard employment,
longshoring, and marine terminals. These sections do not apply to the
following types of installations:
    (1) Installations in ships, watercraft, railway rolling stock,
aircraft, or automotive vehicles other than mobile homes and
recreational vehicles;
    (2) Installations underground in mines; \5\
---------------------------------------------------------------------------

    \5\ This exception was incorporated into the current OSHA
standard to be consistent with language used in the NEC and NFPA
70E. However, it should be noted that OSHA does not have
jurisdiction over mines in general, regardless of whether the mining
activity takes place above ground or underground. Under the Mine
Safety and Health Act (MSH Act) (30 U.S.C. 801 et seq.), the Mine
Safety and Health Administration (MSHA) regulates safety and health
in mines. For further information, see the Interagency Agreement
between MSHA and OSHA (http://www.[fxsp0]osha.[fxsp0]gov/pls/

oshaweb/owadisp.[fxsp0]show--[fxsp0]document?p--
[fxsp0]table=MOU&[fxsp0]p--[fxsp0]id=222).
---------------------------------------------------------------------------

    (3) Installations of railways for generation, transformation,
transmission, or distribution of power used exclusively for operation
of rolling stock or installations used exclusively for signaling and
communication purposes;
    (4) Installations of communication equipment under the exclusive
control of communication utilities and located outdoors or in building
spaces used exclusively for such installations; and
    (5) Installations under the exclusive control of electric utilities
for the purpose of communication or metering; or for the generation,
control, transformation, transmission, and distribution of electric
energy. These exempted installations must be located in buildings used
exclusively by utilities for such purposes or located outdoors on
property owned or leased

by the utility or on public highways, streets, roads, etc., or outdoors
by established rights on private property.
    These exempted installations present special design considerations
that are not adequately addressed in Subpart S. For example, electric
power transmission and distribution installations are typically
installed where unqualified persons will not have access to them, and
the only employees working on them are highly trained and skilled.
Additionally, public safety considerations demand that these
installations be capable of quick repair when weather or equipment
failure disrupts electrical service. The National Electrical Safety
Code (ANSI/IEEE C2), which is developed by experts in electric power
generation, transmission, and distribution, contains design and
installation requirements applicable to electric power generation,
transmission, and distribution systems. Section 1910.269 contains
OSHA's standard for the maintenance of electric power generation,
transmission, and distribution installations. While it consists mostly
of work-practice requirements, it does contain several installation
requirements. For example, Sec.  1910.269(u)(4) and (v)(4) cover
guarding of rooms containing electric supply equipment in electric
power generating stations and substations, respectively.
    Installations in ships, watercraft, railway rolling stock,
aircraft, or automotive vehicles (other than mobile homes and
recreational vehicles) are designed to be transportable.\6\ These
transportability considerations make many of the design requirements in
Subpart S irrelevant or infeasible. For example, attaching the grounded
circuit conductor and the equipment grounding conductor to a permanent
grounding electrode on a transportable wiring system is generally not
feasible. Thus, some of the provisions in final Sec.  1910.304(g),
which contains requirements for grounding electrical systems, are
inappropriate for the wiring of ships, watercraft, railway rolling
stock, aircraft, or automotive vehicles. By contrast, however, wiring
that is not a part of the wiring of the ship, watercraft, railway
rolling stock, aircraft, or automotive vehicle would be covered by
Subpart S, as appropriate. For example, a portable electric drill
carried into the cargo area of a truck would be covered by Subpart S if
it is plugged into the wiring of a service station.
---------------------------------------------------------------------------

    \6\ Although the wiring of recreational vehicles and mobile
homes is transportable, it is also designed to be attached to
specially designed, permanently installed power distribution
outlets. This type of hybrid system must be designed for both
permanent and transportable uses.
---------------------------------------------------------------------------

    In regard to ships, there has been some confusion about whether the
``exemption'' applies to all wiring or electrical installations brought
on board a vessel during construction, repair, or ship scrapping even
when the wiring is supplied by shore-based electric power--or whether
it only applies to the ship's own wiring. OSHA is hereby clarifying the
application of the exemptions.
    The ``exempted'' types of installations in both the existing and
final standards are identical to those ``exempted'' by the NEC and NFPA
70E, which form the basis of both standards. Installations covered
under the existing standard continue to be covered under the final
standard. For example, in longshoring operations and related
employments, this final rule applies to electrical installations aboard
vessels only if they are shore-based as stated in Sec.  1918.1(b)(3).
Electrical installations in marine terminals are also covered under
Subpart S, as noted in Sec.  1917.1(a)(2)(iv). (The marine terminals
standard in Part 1917 applies to the loading, unloading, movement or
other handling of cargo, ship's stores or gear within the terminal or
into or out of any land carrier, holding or consolidation area, and any
other activity within and associated with the overall operation and
function of the terminal. This includes the use and routine maintenance
of facilities and equipment and cargo transfer accomplished with the
use of shore-based material handling devices. See Sec.  1917.1(a).)
    Section 1910.5 governs how the general industry standards apply to
shipyard employment. According to Sec.  1910.5(c), the general
standards in Part 1910 apply to shipyard employment to the extent that
no industry-specific standard applies to the ``same condition,
practice, means, method, operation, or process.'' Part 1915 contains
few requirements related to electrical safety. Paragraph (b) of Sec.
1915.93 contains four such requirements, for grounding of vessels, the
safety of the vessel's wiring, overcurrent protection, and guarding of
infrared heat lamps. Section 1915.92 contains provisions on temporary
electric lighting, and Sec.  1915.132 contains requirements on portable
electric tools. Section 1915.181 contains electrical safety-related
work practices for deenergizing electric circuits and protecting
employees against contact with live parts during electrical work. In
addition, Part 1915 contains several other miscellaneous electrical
safety-related work practices and electrical design requirements. These
provisions continue to apply in lieu of any corresponding requirements
in Subpart S of Part 1910. Conversely, where there is no specific
electrical installation requirement for shipyard employment in Part
1915, Subpart S of Part 1910 applies.
    As noted earlier, Subpart S does not cover installations in ships,
but it does cover installations used on ships if the installation is
shore-based (that is, not part of the vessel's original, internal
electrical system). Thus, final Sec.  1910.303(g)(2) (guarding live
parts) applies to the shore-based wiring of the shipyard and to any
wiring taken onto the ship when it is supplied by shore-based wiring.
It does not apply to the ship's permanent wiring. The final rule does
not change this coverage.

C. Grandfather Clause

    The final rule, as does the current standard, exempts older
electrical installations from meeting some of the provisions of the
Design Safety Standards for Electrical Systems (that is, Sec. Sec.
1910.302 through 1910.308). The extent to which OSHA's electrical
installation standard applies depends on the date the installation was
made. Older installations must meet fewer requirements than newer ones.
The grandfathering of older installations, contained in paragraph (b)
of final Sec.  1910.302, is patterned after the current standard's
grandfather provisions in existing Sec.  1910.302(b). Most of the new
provisions contained in the final rule only apply prospectively, to
installations made after the effective date of the final rule.
    The following paragraphs explain final Sec.  1910.302(b) in the
following order: Paragraph (b)(1), requirements applicable to all
installations; paragraph (b)(4), requirements applicable only to
installations made after the effective date of the revised standard;
paragraph (b)(3), requirements applicable only to installations made
after April 16, 1981; and paragraph (b)(2), requirements applicable
only to installations made after March 15, 1972.
    Requirements applicable to all installations. Paragraph (b)(1) of
final Sec.  1910.302 contains a list of provisions that would apply to
all installations, regardless of when they were designed or installed.
The few requirements in this short list are so essential to employee
safety that even the oldest electrical installations must be modified,
if necessary, to meet them. The list is unchanged from the current
standard, except for the addition of: a prohibition on using grounding
terminals and devices for purposes other than grounding (in final

Sec.  1910.304(a)(3)); a documentation requirement for hazardous
locations made under the zone classification system (in final Sec.
1910.307(b)); and requirements covering the zone classification system
(in final Sec.  1910.307(g)).
    New provisions applicable to all installations. Paragraph (a)(3) of
Sec.  1910.304 prohibits the use of a grounding terminal or grounding-
type device on a receptacle, cord connector, or attachment plug for
purposes other than grounding. OSHA's reasons for adding this
requirement to the list of provisions applicable to all installations
is discussed later in this section of the preamble.
    Paragraph (b) of final Sec.  1910.307 contains a new requirement
that employers document areas designated as hazardous (classified)
locations. This requirement would ensure that the employer has records
of the extent and classification of each such area. The documentation
will help employers to determine what type of equipment is needed in
these locations and will inform employees of the need for special care
in the maintenance of the electric equipment installed there. OSHA has
carefully considered the need to document these areas and has tried to
balance that need with the extensive burden that would be placed on
employers who would have to survey and document their existing
hazardous locations.
    The current standard's division classification system has been in
place for many years, and most employers and inspection authorities are
familiar with the boundaries for Class I, II, and III, Division 1 and 2
locations. An employee servicing equipment in one of these locations
can obtain this information relatively easily even if the employer has
not documented the boundaries. Accordingly, OSHA believes that the
benefit of documenting existing hazardous locations installed using the
division classification system would be minimal. Therefore, for
employers using the division system, OSHA is requiring documentation of
boundaries only for new installations made after the effective date of
the final standard. Employers would not need to document existing
division-classified systems.
    On the other hand, the zone classification system is relatively
new. Most employers are not familiar with this system and have little
experience determining how to draw the boundaries between the three
zones. Relatively few NFPA or industry standards provide specifications
for placing those boundaries. Furthermore, the existing OSHA electrical
standard recognizes only installations made in accordance with the
division classification system, not the zone classification system. Any
existing installation made under the zone system is technically out of
compliance with OSHA's existing standard. However, because the NEC
represents standard industry practice, existing zone system
installations will almost certainly have been installed in accordance
with an edition of the NEC that recognizes the zone classification
system (the 1999 and 2002 editions). These editions of the NEC
explicitly require documentation of hazardous locations. Thus, an
employer with an existing installation made under the zone
classification system should already have the documentation required by
final Sec.  1910.307(b). For these reasons, OSHA is applying the
documentation requirement to all hazardous location installations made
under the zone classification system. This will provide employers,
employees, and OSHA with information critical for determining which
equipment is suitable in a given hazardous location.
    The new requirements pertaining to zone classification in final
Sec.  1910.307(g) provide employers with an alternative installation
method that the current standard does not permit.\7\ Thus, applying
these provisions to older installations would give employers greater
flexibility without imposing any new costs. Furthermore, to the extent
that employers are already using the zone classification system, those
employers are likely already meeting final Sec.  1910.307(g), which is
based on provisions in the 1999 and 2002 editions of the NEC.
---------------------------------------------------------------------------

    \7\ See the discussion under the heading ``Zone Classification''
for an explanation of the zone classification system and its
differences from the current standard's division classification
system.
---------------------------------------------------------------------------

    Requirements applicable only to installations made after the
effective date of the final rule. Paragraph (b)(4) of final Sec.
1910.302 makes the following provisions applicable only to
installations made or overhauled \8\ after the effective date of the
final rule:
---------------------------------------------------------------------------

    \8\ See the discussion of the term ``overhaul'' later in this
section of the preamble.

------------------------------------------------------------------------

------------------------------------------------------------------------
Sec.   1910.303(f)(4)..................  Disconnecting means and
                                          circuits--Capable of accepting
                                          a lock.
Sec.   1910.303(f)(5)..................  Disconnecting means and
                                          circuits--Marking for series
                                          combination ratings.
Sec.   1910.303(g)(1)(iv) and            600 Volts, nominal, or less--
 (g)(1)(vii).                             Space about electric
                                          equipment.
Sec.   1910.303(h)(5)(vi)..............  Over 600 volts, nominal--
                                          Working space and guarding.
Sec.   1910.304(b)(1)..................  Branch circuits--Identification
                                          of multiwire branch circuits.
Sec.   1910.304(b)(3)(i)...............  Branch circuits--Ground-fault
                                          circuit interrupter protection
                                          for personnel.
Sec.   1910.304(f)(2)(i)(A),             Overcurrent protection--Feeders
 (f)(2)(i)(B) (but not the introductory   and branch circuits for over
 text to Sec.   1910.304(f)(2)(i)), and   600 volts, nominal.
 (f)(2)(iv)(A).
Sec.   1910.305(c)(3)(ii)..............  Switches--Connection of
                                          switches.
Sec.   1910.305(c)(5)..................  Switches--Grounding.
Sec.   1910.306(a)(1)(ii)..............  Electric signs and outline
                                          lighting--Disconnecting means.
Sec.   1910.306(c)(4)..................  Elevators, dumbwaiters,
                                          escalators, moving walks,
                                          wheelchair lifts, and stairway
                                          chair lifts--Operation.
Sec.   1910.306(c)(5)..................  Elevators, dumbwaiters,
                                          escalators, moving walks,
                                          wheelchair lifts, and stairway
                                          chair lifts--Location.
Sec.   1910.306(c)(6)..................  Elevators, dumbwaiters,
                                          escalators, moving walks,
                                          wheelchair lifts, and stairway
                                          chair lifts--Identification
                                          and signs.
Sec.   1910.306(c)(7)..................  Elevators, dumbwaiters,
                                          escalators, moving walks,
                                          wheelchair lifts, and stairway
                                          chair lifts--Single-car and
                                          multicar installations.
Sec.   1910.306(j)(1)(iii).............  Swimming pools, fountains, and
                                          similar installations--
                                          Receptacles.
Sec.   1910.306(k).....................  Carnivals, circuses, fairs, and
                                          similar events.
Sec.   1910.308(a)(5)(v) and             Systems over 600 volts,
 (a)(5)(vi)(B).                           nominal--Interrupting and
                                          isolating devices.
Sec.   1910.308(a)(7)(vi)..............  Systems over 600 volts,
                                          nominal--Tunnel installations.
Sec.   1910.308(b)(3)..................  Emergency power systems--Signs.

Sec.   1910.308(c)(3)..................  Class 1, Class 2, and Class 3
                                          remote control, signaling, and
                                          power-limited circuits--
                                          Separation from conductors of
                                          other circuits.
Sec.   1910.308(f).....................  Solar photovoltaic systems.
------------------------------------------------------------------------

    These provisions are based on requirements that have been added to
the NEC since the 1978 edition. OSHA has never required employers to
comply with these requirements, and the Agency believes that an
increase in employee protection will result from compliance with them
in new installations. At the same time, employers would incur minimal
costs to achieve this increase in new installations. In local
jurisdictions requiring compliance with the NEC, there should be no
additional costs involved, because the installations would already
conform to the new OSHA requirements. The Agency believes that even in
other jurisdictions, the vast majority of installations already comply
with the latest edition of the NEC, because compliance with the latest
Code is standard industry practice. OSHA, however, does not believe
that it is reasonably necessary and appropriate to require existing
installations to conform to these provisions, particularly given the
cost and difficulty associated with retrofitting older installations.
    There are many provisions in the final rule that are not contained
in the existing standard but cannot be considered totally ``new''
provisions. Most of these ``new'' requirements were actually contained
in the 1971 NEC. Table 1 lists these ``new'' provisions and denotes
their counterparts in the 1971 NEC. From March 15, 1972, until April
16, 1981, Subpart S incorporated the 1971 NEC by reference in its
entirety. Accordingly, OSHA required employers to comply with every
requirement in the 1971 NEC for any new installation made between those
dates and for any replacement, modification, repair, or rehabilitation
made during that period. The current standard, which became effective
on April 16, 1981, omitted many of the detailed provisions of the NEC
because they were already addressed by the more general requirements
that were contained in the OSHA standard. For example, OSHA did not
carry forward 1971 NEC Section 110-11, which required equipment to be
suitable for the environment if it is installed where the environment
could cause deterioration. However, the requirement for equipment to be
suitable for the location in which it was installed is implicit in the
more general requirements in existing Sec.  1910.303(a) that equipment
be approved and in existing Sec.  1910.303(b)(2) that equipment be
installed in accordance with any instructions included in its listing
or labeling. (Equipment that is not suitable for installation in
deteriorating environments, such as wet or damp locations, will include
instructions warning against such installation. These instructions are
required by the nationally recognized testing laboratory listing or
labeling the product.)
    Even though OSHA no longer specifically incorporates the 1971 NEC
into Subpart S, the Agency believes that employers' installations
actually do comply with those requirements. The vast majority of
employers are following the entire NEC applicable to their
installations, as noted in the Economic Analysis section of this
preamble.\9\ For these reasons, OSHA is not exempting installations
made after March 15, 1972, from meeting any provision listed in Table 1
and is not including any of these provisions in final Sec.
1910.302(b)(4) (the list of provisions that apply only to new
installations).
---------------------------------------------------------------------------

    \9\ All of the requirements in question appear in some form in
every edition of the NEC since 1972.
    \10\ These provisions have no direct counterpart in existing
Subpart S, but were in the 1971 National Electrical Code.

    Table 1.--``New'' Provisions That Were Contained in 1971 NEC \10\
------------------------------------------------------------------------
    Provision in the final       Equivalent 1971
           standard                NEC section            Subject
------------------------------------------------------------------------
Sec.   1910.303(b)(3).........  110-20...........  Insulation integrity.
    (b)(4)....................  110-9............  Interrupting rating.
    (b)(5)....................  10-10............  Circuit impedance and
                                                    other
                                                    characteristics.
    (b)(6)....................  110-11...........  Deteriorating agents.
    (b)(7)....................  110-12...........  Mechanical execution
                                                    of work.
    (b)(8)....................  110-4(a) and (d).  Mounting and cooling
                                110-12...........   of equipment.
                                110-13...........
    (c)(1)....................  110-14...........  Electrical
                                                    connections,
                                                    general.
Sec.   1910.304(b)(2).........  210-21(b)........  Branch circuits,
                                                    receptacles and cord
                                                    connectors.
    (b)(4)....................  210-21...........  Branch circuits,
                                                    outlet devices.
    (b)(5)....................  210-22...........  Branch circuits, cord
                                                    connections.
    (e)(1)(iii)...............  230-70(c)........  Services,
                                                    disconnecting means.
    (f)(1)(ix)................  110-9............  Overcurrent
                                240-11...........   protection, 600
                                                    volts, nominal, or
                                                    less, circuit
                                                    breaker ratings.
    (f)(2), except for          240-5............  Overcurrent
     (f)(2)(i)(A),              240-11...........   protection, feeders
     (f)(2)(i)(B), and          240-15...........   and branch circuits
     (f)(2)(iv)(A).                                 over 600 volts,
                                                    nominal.
Sec.   190.305(a)(4)(ii)......  320-5............  Open wiring on
                                                    insulators, support.
    (b)(1)(iii)...............  370-7............  Conductors entering
                                373-5............   cabinets, boxes, and
                                                    fittings, securing
                                                    conductors.
    (b)(2)(ii)................  370-15(b)........  Fixture canopy or pan
                                                    installed in a
                                                    combustible wall or
                                                    ceiling.
    (e)(1)....................  373-2............  Airspace for
                                384-5............   enclosures installed
                                                    in wet or damp
                                                    locations.
    (h)(3)....................  710-6............  Portable cables,
                                                    grounding
                                                    conductors.

    (j)(2)(i).................  410-52(d)........  Receptacles, cord
                                                    connectors, and
                                                    attachment plugs; no
                                                    exposed energized
                                                    parts.
    (j)(2)(iv) through          410-54...........  Receptacles installed
     (j)(2)(vii).                                   in wet or damp
                                                    locations.
    (j)(3)(ii)................  422-20...........  Appliances,
                                                    disconnecting means.
    (j)(3)(iii)...............  422-30(a)........  Appliances,
                                                    nameplates.
    (j)(3)(iv)................  422-30(b)........  Appliances, marking
                                                    to be visible after
                                                    installation.
    (j)(6)(ii)(A).............  110-9............  Capacitor switches.
                                110-10...........
                                460-8(c)(4)......
    (j)(6)(ii)(B).............  460-8(c)(1)......  Capacitor
                                                    disconnecting means.
Sec.   1910.306(c)(3).........  620-51(a)........  Elevators,
                                                    dumbwaiters,
                                                    escalators, moving
                                                    walks, wheelchair
                                                    lifts, and stairway
                                                    chair lifts; type of
                                                    disconnecting means.
    (c)(10)...................  620-72...........  Elevators,
                                                    dumbwaiters,
                                                    escalators, moving
                                                    walks, wheelchair
                                                    lifts, and stairway
                                                    chair lifts; motor
                                                    controllers.
    (d)(1)....................  630-13...........  Arc welders,
                                630-23...........   disconnecting means.
    (g)(1)(iii)...............  665-34...........  Induction and
                                                    dielectric heating
                                                    equipment,
                                                    detachable panels
                                                    used for access to
                                                    live parts.
    (g)(1)(vi)................  665-8............  Induction and
                                                    dielectric heating
                                                    equipment, ampere
                                                    rating of
                                                    disconnecting means.
    (j)(4)(iii)...............  680-20(a)(4).....  Swimming pools,
                                                    fountains, and
                                                    similar
                                                    installations,
                                                    underwater fixtures
                                                    facing upwards.
Sec.   1910.308(a)(2).........  710-4............  Systems over 600
                                                    volts, nominal; open
                                                    installations of
                                                    braid-covered
                                                    insulated
                                                    conductors.
    (a)(3)(i).................  710-6............  Systems over 600
                                                    volts, nominal;
                                                    insulation shielding
                                                    terminations.
    (a)(4)....................  710-8............  Systems over 600
                                                    volts, nominal;
                                                    moisture or
                                                    mechanical
                                                    protection for metal-
                                                    sheathed cables.
    (a)(5)(i).................  710-21(a)........  Systems over 600
                                                    volts, nominal;
                                                    interrupting and
                                                    isolating devices;
                                                    guarding and
                                                    indicating.
    (a)(5)(ii)................  240-11(a)........  Systems over 600
                                710-21(b)........   volts, nominal;
                                                    interrupting and
                                                    isolating devices;
                                                    fuses.
    (a)(5)(iii) and (a)(5)(iv)  710-21(b)........  Systems over 600
                                                    volts, nominal;
                                                    interrupting and
                                                    isolating devices;
                                                    fused cutouts.
    (a)(5)(vi), but not         710-21(c)........  Systems over 600
     (a)(5)(vi)(B).                                 volts, nominal;
                                                    interrupting and
                                                    isolating devices;
                                                    load interrupter
                                                    switches.
    (a)(5)(vii)...............  710-22...........  Systems over 600
                                                    volts, nominal;
                                                    interrupting and
                                                    isolating devices;
                                                    means for isolating
                                                    equipment.
    (b)(2)....................  700-14...........  Emergency systems,
                                                    emergency
                                                    illumination.
------------------------------------------------------------------------

    In addition, OSHA is not including in the list of new provisions in
final Sec.  1910.302(b)(4) any provision that merely provides an
alternative means of compliance for an existing requirement. For
example, as noted earlier, final Sec.  1910.307(g) provides alternative
requirements for installations in hazardous (classified) locations
based on the zone classification system rather than the division
classification system that is required under the existing standard.
Such requirements accept alternative installation techniques recognized
as being equally protective by the NEC and NFPA 70E, and there is no
need to limit them to new installations.
    OSHA also believes that there is no need to grandfather
requirements that apply only to temporarily installed equipment and
wiring.\11\ The few new requirements applying to temporarily installed
equipment and wiring have been in the NEC since at least 1999 and, in
most cases, since before that. Employers should already be in
compliance with such requirements since any existing temporary
installations almost certainly were put into place well after 1999.\12\
For example, final Sec.  1910.304(b)(3)(ii) contains requirements for
providing ground-fault circuit interrupter protection for temporary
wiring installations that are used during maintenance, remodeling, or
repair of buildings, structures, or equipment or during similar
activities. Temporary wiring installations used for any of these
purposes were likely to have been installed well after 1999. An
employer who is complying with the 1999 or later edition of the NEC
will already be complying with this provision of the rule. Even
employers who are not complying with recent versions of the NEC for
temporary wiring installations will face, in this example, only the
minimal cost of providing ground-fault circuit interrupters; no changes
would need to be made to any existing permanent wiring, which might
involve considerably more costs.
---------------------------------------------------------------------------

    \11\ For the purposes of this discussion, ``temporarily
installed equipment or wiring'' is wiring and equipment installed on
a short-term rather than a long-term or permanent basis. It includes
temporary wiring covered by proposed Sec.  1910.305(a)(2) and other
equipment and wiring similarly installed on a short-term basis.
    \12\ The limit for temporary wiring used for Christmas
decorative lighting, carnivals, and similar purposes is 90 days
(Sec.  1910.305(a)(2)(i)(B)). For other purposes, such as remodeling
and repair, the limit is the duration of the activity. However, OSHA
believes that it is highly unlikely that any particular temporary
activity covered by Subpart S has been on-going since 1999.
---------------------------------------------------------------------------

    Requirements applicable only to installations made after April 16,
1981. Paragraph (b)(3) of final Sec.  1910.302 lists requirements that
apply only to installations made after April 16, 1981.

This paragraph carries forward essentially the same list as is
currently in Sec.  1910.302(b)(3). No provisions have been added to or
removed from the list.
    Requirements applicable only to installations made after March 15,
1972. Paragraph (b)(2) of existing Sec.  1910.302 requires all
installations made after March 15, 1972, and every major replacement,
modification, repair, or rehabilitation made after that date to meet
all the installation requirements in Subpart S except for those listed
in existing Sec.  1910.302(b)(3). A note following existing Sec.
1910.302(b)(2) indicates that `` `[m]ajor replacements, modifications,
repairs, or rehabilitations' include work similar to that involved when
a new building or facility is built, a new wing is added, or an entire
floor is renovated.''
    Paragraph (b)(2) of final Sec.  1910.302 will require all
installations built or overhauled after March 15, 1972, to comply with
all of the requirements of final Sec. Sec.  1910.302 through 1910.308,
except as provided in final Sec.  1910.302(b)(3) and (b)(4). As
discussed earlier, these latter two paragraphs limit the application of
newer provisions of Subpart S to installations made during later
periods.
    In Sec.  1910.302(b)(2) in the final rule, OSHA is introducing the
term ``overhaul'' to include the types of activities that would trigger
compliance with the otherwise grandfathered provisions of Subpart S for
older installations. In Sec.  1910.399 of the final rule, ``overhaul''
is defined as follows:

    Overhaul means to perform a major replacement, modification,
repair, or rehabilitation similar to that involved when a new
building or facility is built, a new wing is added, or an entire
floor is renovated.

    This new term incorporates all the elements of ``major replacement,
modification, or rehabilitation'' in the text of existing Sec.
1910.302(b)(2) and in the note following that provision. OSHA believes
that using and defining the term ``overhaul'' in the final rule will
simplify the standard without making any substantive change to the way
in which Subpart S applies to older installations.
    Comments on the grandfather clause. OSHA received several comments
on the grandfather clause proposed in Sec.  1910.302(b) (Exs. 3-7, 4-
25). One commenter was concerned about the level of cross-referring an
employer would need to do to determine what standards are applicable to
a given installation (Ex. 3-7). He recommended that a simpler approach
be adopted or that OSHA develop guidance materials to help employers
determine which requirements apply to installations made during each of
the periods addressed by the grandfather clause. Neither commenter
proposed language that might accomplish this.
    While OSHA acknowledges that some commenters believe that this
clause is too complex, the Agency believes that the approach taken in
the final standard is as simple as the Agency can make it. However,
OSHA will provide compliance assistance tools that will help employers
understand which requirements are applicable to their particular
electrical installations. For example, the Agency is considering
providing on the OSHA Website a color-coded version depicting
requirements with different applicability dates with different colors
or a version that lets the reader input the date of the installation
and that hides inapplicable provisions. Such tools should enable
employers to determine their compliance obligations quickly and easily.
In addition, for questions about compliance with the standard,
employers can contact OSHA through its toll-free telephone help line at
1-800-321-6742. Alternatively, employers can contact the OSHA Area
Office or State Plan office nearest them.
    Paragraph (b)(4) of final Sec.  1910.302 lists Sec.
1910.304(b)(3)(i) (proposed Sec.  1910.304(b)(4)(i)), which requires
ground-fault circuit interrupter protection for certain permanently
installed receptacle outlets, as a provision that only applies to new
installations. One commenter recommended that all of proposed Sec.
1910.304(b)(4), which as noted previously contains requirements for
ground-fault circuit interrupters on temporary receptacle outlets,
apply only to new installations (Ex. 3-7). The commenter noted that
this provision is new and should only be applied to new installations.
    As noted earlier, OSHA believes that most employers are already
complying with this provision. The National Electrical Code has
required ground-fault circuit interrupters in a manner similar to that
in the final rule since the 1996 edition of the NEC. In addition, the
final rule sets an effective date 180 days after publication of the
final rule in the Federal Register. OSHA believes that very few
temporary installations that were in place before publication of the
final rule will still be in place 6 months later. There may be some
projects using temporary wiring that last more than 6 months,
particularly in shipyards. However, even there, OSHA believes that
temporary receptacle outlets will be moved around, installed,
uninstalled, and reinstalled many times over the life of the project.
Even if the Agency were to apply final Sec.  1910.304(b)(3)(ii) only to
installations made after the effective date, it would apply as soon as
a receptacle outlet was installed (or reinstalled). OSHA does not
believe that there is a compelling reason to exempt the very few
remaining temporary receptacle outlets that may still be in place after
the effective date. Therefore, OSHA has not adopted the commenter's
recommendation.
    Mr. Pat Kimmet of CHS Inc. and Mr. Rick Leicht of NCRA were
concerned that provisions listed in proposed Sec.  1910.302(b)(1),
which were to apply to all installations regardless of age, would
require employers to examine existing installations for compliance and
possibly replace noncompliant equipment even when no significant hazard
exists (Ex. 4-25). They specifically objected to the inclusion of wire
bending space (proposed Sec.  1910.303(b)(1)(iii)) on the list. They
argued that this provision is a relatively recent addition to the NEC
and that the NEC has revised the wire bending space requirements
periodically. They believed that the proposal would have required
employers to meet the wire bending space requirements in the 2000
edition of the NFPA 70E and the 2002 edition of the NEC.
    OSHA believes that an installation that does not comply with the
provisions listed in final Sec.  1910.302(b)(1) poses a significant
hazard to employees. Furthermore, as noted earlier, almost all of the
provisions listed in that paragraph applied to all installations
regardless of age since March 15, 1972. Thus, employers should already
be in compliance with nearly all of the listed provisions.
    The new provisions related to the zone classification system
(including the documentation requirement) provide for an alternative
compliance method to that required by the existing standard. The other
new provision, the prohibition on using grounding terminals and devices
for purposes other than grounding, as noted earlier, has been a long-
standing NEC requirement. Thus, OSHA does not believe that very many
existing installations are in violation of this new provision.
Consequently, Mr. Kimmet's and Mr. Leicht's general concerns about
widespread noncompliance are unfounded.
    With respect to their specific concern with the inclusion of
proposed Sec.  1910.303(b)(1)(iii) in the list of provisions applicable
to all installations, OSHA notes that wire bending space, as mentioned
in this provision, is simply one of several

factors to be considered in judging electrical equipment for safety.
Paragraph (b)(1) of final Sec.  1910.303 reads, in part, as follows:

    (b) Examination, installation, and use of equipment. (1)
Examination. Electric equipment shall be free from recognized
hazards that are likely to cause death or serious physical harm to
employees. Safety of equipment shall be determined using the
following considerations:
* * * * *
    (iii) Wire-bending and connection space;
* * * * *
    (viii) Other factors that contribute to the practical
safeguarding of persons using or likely to come in contact with the
equipment.

    Paragraph (b)(1)(iii) of final Sec.  1910.303 does not require
compliance with the minimum wire bending space requirements in the NEC.
Rather, wire bending space will be one of the relevant factors in
judging the electrical safety of equipment in accordance with the
introductory text of final Sec.  1910.303(b)(1). OSHA does not consider
this a new requirement. The current standard contains the catchall
``other factors'' language in existing Sec.  1910.303(b)(1)(vii). The
Agency construes wire bending space to be one of those ``other
factors'' judged under the existing standard. Thus, OSHA is simply
making explicit in the final rule a factor employers were required to
consider under Sec.  1910.303(b)(1)(vii) of the existing standard. If
conductors are installed so tightly into enclosures that they overheat
or that the insulation is damaged, a serious safety hazard would exist.
Such an installation would violate the existing standard as well as the
new one. For these reasons, OSHA has not adopted Mr. Kimmet's and Mr.
Leicht's recommendation to remove Sec.  1910.303(b)(1)(iii) from the
list of provisions in final Sec.  1910.302(b)(1) that apply to all
installations.
    Several commenters suggested that proposed Sec.  1910.304(a)(3) be
added to the list of requirements in Sec.  1910.302(b)(1) applicable to
all installations (Exs. 4-13, 4-17, 4-18, 4-21). Proposed Sec.
1910.304(a)(3) read as follows:

    A grounding terminal or grounding-type device on a receptacle,
cord connector, or attachment plug may not be used for purposes
other than grounding.

    Mr. Bernie Ruffenach typified these commenters, reasoning as
follows:

    The use of the grounding terminal(s) of any device has never
been permitted in any electrical standards, codes or other
recognized practices at any time. Typically, the use of the
grounding terminal for other than grounding purposes is due to
improper wiring and occurs when an ungrounded (hot) conductor is
applied. The result is an imminent danger electrocution hazard. [Ex.
4-17]

    OSHA agrees that using a grounding terminal or device for purposes
other than grounding can present a hazard threatening imminent death or
serious injury. For example, using a grounding terminal as the
attachment point for a circuit conductor can energize the frame of
equipment used by employees. If an employee was to touch such miswired
equipment and a grounded surface at the same time, he or she would
receive an electric shock and possibly die of electrocution. As the
commenters noted, compliance with this provision has been a long-
standing common industry practice. Therefore, OSHA has adopted the
suggestion of these commenters and has added Sec.  1910.304(a)(3) to
the list of provisions in final Sec.  1910.302(b)(1) that are
applicable to all installations.

D. Applicability of Requirements for Disconnecting Means

    Several provisions in the final standard require electrical
disconnecting means to be capable of being locked in the open position
under certain conditions. For example, final Sec.  1910.306(a)(2)(i)
requires the disconnecting means for sign and outline lighting systems
to be capable of being locked in the open position if they are out of
the line of sight from any section that may be energized. These
provisions ensure that employees servicing or maintaining the electric
circuits supplied by the disconnecting means are protected against
electric shock.
    Sometimes, these disconnecting means also serve as energy isolating
devices as defined in paragraph (b) of Sec.  1910.147, OSHA's existing
standard for the control of hazardous energy sources (lockout-tagout).
Energy isolating devices physically prevent the transmission or release
of energy. In the case of electric equipment, disconnecting means that
meet the definition of energy isolating devices prevent the
transmission of electric energy so that the equipment cannot start up
and injure employees.
    Paragraph (c)(2)(iii) of the lockout-tagout standard reads as
follows:

    After January 2, 1990, whenever replacement or major repair,
renovation or modification of a machine or equipment is performed,
and whenever new machines or equipment are installed, energy
isolating devices for such machine or equipment shall be designed to
accept a lockout device.

    Paragraph (c) of final Sec.  1910.302 clarifies that the provision
in the lockout-tagout standard is in addition to any requirements in
Subpart S for disconnecting means to be capable of being locked open.
The requirements in Subpart S are intended for the protection of
servicing and maintenance employees from electric shock, which is not
covered by Sec.  1910.147. The lockout-tagout standard on the other
hand addresses nonelectric-shock hazards related to servicing and
maintaining equipment. Thus, the requirements of both standards are
necessary to protect employees from all servicing- and maintenance-
related hazards.
    OSHA received no comments on this provision in the proposal, and it
is being carried into the final rule without change.

E. Summary of Changes in Sec. Sec.  1910.303 Through 1910.308

    The Distribution Table for Subpart S lists all the provisions and
sections from Sec. Sec.  1910.303 through 1910.308. This table
summarizes changes being made to the standard that involve grammatical
edits, additions, removals, and paragraph numbers. There are places in
the standard where no substantial change is made. Most of the changes
are editorial in nature. Substantive changes made to the existing
standard are discussed in further detail following the Distribution
Table.

                           Distribution Table
------------------------------------------------------------------------
                                                       Description of
         OLD--section              NEW--section    changes and rationale
------------------------------------------------------------------------
                  See the note at the end of the table.
------------------------------------------------------------------------
Sec.   1910.303 General.......  Sec.   1910.303
                                 General.
1910.303(a)...................  1910.303(a)......  No substantive
                                                    change. A reference
                                                    to the Sec.
                                                    1910.399 definition
                                                    of ``approved'' is
                                                    added for
                                                    clarification.
1910.303(b)(1), introductory    1910.303(b)(1),    No substantive
 text.                           introductory       change.
                                 text.
1910.303(b)(1)(i).............  1910.303(b)(1)(i)  No substantive
                                                    change.

1910.303(b)(1)(ii)............  1910.303(b)(1)(ii  No substantive
                                 ).                 change.
                                1910.303(b)(1)(ii  **Adds wire-bending
                                 i).                and connection space
                                                    to the explicit list
                                                    of things to
                                                    consider when
                                                    judging equipment.
1910.303(b)(1)(iii)...........  1910.303(b)(1)(iv  No substantive
                                 ).                 change.
1910.303(b)(1)(iv)............  1910.303(b)(1)(v)  No substantive
                                                    change.
1910.303(b)(1)(v).............  1910.303(b)(1)(vi  No substantive
                                 ).                 change.
1910.303(b)(1)(vi)............  1910.303(b)(1)(vi  No substantive
                                 i).                change.
1910.303(b)(1)(vii)...........  1910.303(b)(1)(vi  No substantive
                                 ii).               change.
1910.303(b)(2)................  1910.303(b)(2)...  No substantive
                                                    change.
                                1910.303(b)(3)...  **Adds a requirement
                                                    for completed wiring
                                                    to be free from
                                                    short circuits and
                                                    grounds other than
                                                    those required in
                                                    the standard.
                                1910.303(b)(4)...  **Adds requirements
                                                    for equipment
                                                    intended to
                                                    interrupt current to
                                                    have adequate
                                                    interrupting
                                                    ratings.
                                1910.303(b)(5)...  **Adds requirements
                                                    for the coordination
                                                    of overcurrent
                                                    protection for
                                                    circuits and
                                                    equipment.
                                1910.303(b)(6)...  **Adds a requirement
                                                    for conductors and
                                                    equipment to be
                                                    identified for the
                                                    purpose when
                                                    installed in an
                                                    environment
                                                    containing
                                                    deteriorating
                                                    agents.
                                1910.303(b)(7)...  **Adds requirements
                                                    for installing
                                                    electric equipment
                                                    in a neat and
                                                    workmanlike manner.
                                1910.303(b)(8)...  **Adds requirements
                                                    for equipment to be
                                                    mounted securely and
                                                    to allow for proper
                                                    cooling.
                                1910.303(c)(1)...  **Adds requirements
                                                    to ensure that
                                                    electrical
                                                    connections are
                                                    secure and
                                                    electrically safe.
                                1910.303(c)(2)...  **Adds requirements
                                                    for connections at
                                                    terminals and for
                                                    the identification
                                                    of terminals
                                                    intended for
                                                    connection to more
                                                    than one conductor
                                                    or to aluminum.
1910.303(c)...................  1910.303(c)(3)(i)  No substantive
                                                    change.
                                1910.303(c)(3)(ii  **Adds a requirement
                                 ).                 that wire connectors
                                                    or splicing means
                                                    installed on
                                                    directly buried
                                                    conductors be listed
                                                    for such use.
1910.303(d)...................  1910.303(d)......  No substantive
                                                    change.
1910.303(e)...................  1910.303(e)......  No substantive
                                                    change. (Individual
                                                    requirements are
                                                    placed in separate
                                                    paragraphs).
1910.303(f)...................  1910.303(f)(1),    No substantive
                                 (f)(2), and        change. (Individual
                                 (f)(3).            requirements are
                                                    placed in separate
                                                    paragraphs).
                                1910.303(f)(4)...  Adds a requirement
                                                    for disconnecting
                                                    means required by
                                                    Subpart S to be
                                                    capable of accepting
                                                    a lock. This
                                                    provision is added
                                                    to make the Subpart
                                                    S requirements on
                                                    disconnecting means
                                                    consistent with Sec.

                                                    1910.147(c)(2)(iii),
                                                    which requires
                                                    energy isolating
                                                    devices (a generic
                                                    term, which includes
                                                    electrical
                                                    disconnecting means)
                                                    to be designed to
                                                    accept a lockout
                                                    device.
                                1910.303(f)(5)...  **Adds marking
                                                    requirements for
                                                    series combination
                                                    ratings of circuit
                                                    breakers or fuses.
1910.303(g)(1), introductory    1910.303(g)(1),    No substantive
 text.                           introductory       change.
                                 text.
1910.303(g)(1)(i).............  1910.303(g)(1)(i)  **The final rule
                                 Table S-1, Note    revises the language
                                 3.                 to clarify how wide
                                                    and high the clear
                                                    space must be. (See
                                                    detailed explanation
                                                    later in the
                                                    preamble).
1910.303(g)(1)(ii)............  1910.303(g)(1)(ii  No substantive
                                 ).                 change.
1910.303(g)(1)(iii)...........  1910.303(g)(1)(ii  No substantive
                                 i).                change.
                                1910.303(g)(1)(iv  **Adds a requirement
                                 ).                 for a second
                                                    entrance on
                                                    equipment rated 1200
                                                    amperes under
                                                    certain conditions.
1910.303(g)(1)(iv)............  1910.303(g)(1)(i)  **Reduces the minimum
                                 (B).               width of the clear
                                                    space to 762 mm.
1910.303(g)(1)(v).............  1910.303(g)(1)(v)  **Adds a prohibition
                                                    against controlling
                                                    illumination for
                                                    working spaces by
                                                    automatic means
                                                    only.
1910.303(g)(1)(vi)............  1910.303(g)(1)(vi  **Increased the
                                 ).                 minimum height of
                                                    the working space
                                                    from 1.91m to 1.98m
                                                    for new
                                                    installations.
                                1910.303(g)(1)(vi  ** Adds requirements
                                 i).                for switchboards,
                                                    panelboards, and
                                                    distribution boards
                                                    installed for the
                                                    control of light and
                                                    power circuits, and
                                                    motor control
                                                    centers to be
                                                    installed in
                                                    dedicated space and
                                                    to be protected
                                                    against damage.
1910.303(g)(2)................  1910.303(g)(2)...  No substantive
                                                    change.
1910.303(h)(1)................  1910.303(h)(1)...  No substantive
                                                    change.
1910.303(h)(2), introductory    1910.303(h)(2)(i)  **The minimum height
 text.                           and (h)(2)(ii).    of fences
                                                    restricting access
                                                    to electrical
                                                    installations over
                                                    600 V is reduced
                                                    from 2.44 m to 2.13
                                                    m.
1910.303(h)(2)(i) and           1910.303(h)(2)(ii  **1. The final rule
 (h)(2)(ii).                     i), (h)(2)(iv),    organizes these
                                 (h)(2)(v), and     requirements based
                                 (h)(5)(iii).       on whether the
                                                    installations are
                                                    indoors or outdoors.
                                                    (The existing
                                                    standard organizes
                                                    them based on
                                                    whether or not the
                                                    installations are
                                                    accessible to
                                                    unqualified
                                                    employees).
                                                   2. Adds requirements
                                                    intended to prevent
                                                    tampering by the
                                                    general public.
                                                   3. Removes
                                                    requirement to lock
                                                    underground box
                                                    covers weighing more
                                                    than 45.4 kg.

1910.303(h)(3), introductory    1910.303(h)(3)...  No substantive
 text.                                              change.
1910.303(h)(3)(i).............  1910.303(h)(5)(i)  **The distances in
                                 Table S-2, Note    Table S-2 for the
                                 3.                 depth of working
                                                    space in front of
                                                    electric equipment
                                                    are increased for
                                                    new installations to
                                                    match the distances
                                                    in NFPA 70E-2000.
1910.303(h)(3)(ii)............  1910.303(h)(5)(iv  No substantive
                                 ).                 change.
1910.303(h)(3)(iii)...........  1910.303(h)(5)(v)  **The distances in
                                                    Table S-3 for the
                                                    elevations of
                                                    unguarded live parts
                                                    are increased for
                                                    new installations to
                                                    match the distances
                                                    in NFPA 70E-2000.
1910.303(h)(4)(i).............  1910.303(h)(4)(i)  **The existing
                                                    standard requires a
                                                    second entrance to
                                                    give access to the
                                                    working space about
                                                    switchboards and
                                                    control panels over
                                                    600 V if the
                                                    equipment exceeds
                                                    1.22 m in width if
                                                    it is practical to
                                                    install a second
                                                    entrance. The final
                                                    rule requires an
                                                    entrance on each end
                                                    of switchboards and
                                                    panelboards
                                                    exceeding 1.83 m
                                                    unless the working
                                                    space permits a
                                                    continuous and
                                                    unobstructed way of
                                                    travel or the
                                                    working space is
                                                    doubled. In
                                                    addition, the final
                                                    rule requires the
                                                    lone entrance
                                                    permitted under
                                                    either of these
                                                    exceptions to be at
                                                    least the distance
                                                    specified in Table S-
                                                    2 from exposed live
                                                    parts.
1910.303(h)(4)(ii)............  1910.303(h)(4)(ii  No substantive
                                 ).                 change.
                                1910.303(h)(5)(ii  **Adds requirements
                                 ).                 for equipment
                                                    operating at 600 V
                                                    or less installed in
                                                    rooms or enclosures
                                                    containing exposed
                                                    live parts or
                                                    exposed wiring
                                                    operating at more
                                                    than 600 V.
                                1910.303(h)(5)(vi  **Adds requirements
                                 ).                 limiting the
                                                    installation of
                                                    pipes or ducts that
                                                    are foreign to
                                                    electrical
                                                    installation
                                                    operating at more
                                                    than 600 V.
Sec.   1910.304 Wiring design   Sec.   1910.304
 and protection.                 Wiring design
                                 and protection.
1910.304(a)(1)................  1910.304(a)(1)...  No substantive
                                                    change. (Individual
                                                    requirements are
                                                    placed in separate
                                                    paragraphs).
1910.304(a)(2)................  1910.304(a)(2)...  No substantive
                                                    change.
1910.304(a)(3)................  1910.304(a)(3)...  No substantive
                                                    change.
                                1910.304(b)(1)...  **Adds requirements
                                                    for the
                                                    identification of
                                                    multiwire branch
                                                    circuits.
                                1910.304(b)(2)(i)  **Adds requirements
                                                    that receptacles
                                                    installed on 15- and
                                                    20-ampere circuits
                                                    be of the grounding
                                                    type and that
                                                    grounding-type
                                                    receptacles be
                                                    installed in
                                                    circuits within
                                                    their rating.
                                1910.304(b)(2)(ii  **Adds a requirement
                                 ).                 for grounding
                                                    contacts on
                                                    receptacles to be
                                                    effectively
                                                    grounded.
                                1910.304(b)(2)(ii  **Adds requirements
                                 i).                on the methods used
                                                    to ground
                                                    receptacles and cord
                                                    connectors.
                                1910.304(b)(2)(iv  **Adds requirements
                                 ).                 on the replacement
                                                    of receptacles.
                                1910.304(b)(2)(v)  **Adds a requirement
                                                    that receptacles
                                                    installed on branch
                                                    circuits having
                                                    different voltages,
                                                    frequencies, or
                                                    types of current be
                                                    noninterchangeable.
                                1910.304(b)(3)...  **Adds requirements
                                                    for ground fault
                                                    circuit interrupter
                                                    protection. (See the
                                                    discussion of these
                                                    requirements later
                                                    in this section of
                                                    the preamble).
1910.304(b)(2)................  1910.304(b)(4),    No significant
                                 introductory       change.
                                 text.
                                1910.304(b)(4)(i)  **Adds requirements
                                                    for ratings of
                                                    lampholders.
                                1910.304(b)(4)(ii  **Adds requirements
                                 ).                 for ratings of
                                                    receptacles.
                                1910.304(b)(5)...  **Adds requirements
                                                    for receptacles to
                                                    be installed
                                                    wherever cords with
                                                    attachment plugs are
                                                    used.
1910.304(c), introductory text  1910.304(c),       No significant
                                 introductory       change. (The
                                 text.              requirements in
                                                    existing paragraph
                                                    (c)(5) are placed in
                                                    a separate paragraph
                                                    (d)).
1910.304(c)(1)................  1910.304(c)(1)...  **Adds a requirement
                                                    for the separation
                                                    of conductors on
                                                    poles.
1910.304(c)(2)................  1910.304(c)(2)...  Increases the minimum
                                                    clearances for new
                                                    installations of
                                                    open conductors and
                                                    service drops to
                                                    match those in NFPA
                                                    70E-2000.
1910.304(c)(3)................  1910.304(c)(3)(i)  No substantive
                                                    change. (The final
                                                    rule clarifies that
                                                    paragraph (c)(2)
                                                    applies to
                                                    platforms,
                                                    projections, or
                                                    surfaces from which
                                                    runs of open
                                                    conductors can be
                                                    reached).
                                1910.304(c)(3)(ii  **Adds restrictions
                                 ).                 for installing
                                                    overhead service
                                                    conductors near
                                                    building openings
                                                    through which
                                                    materials may be
                                                    moved.
1910.304(c)(4)................  1910.304(c)(4)...  **Adds an exception
                                                    to the minimum
                                                    clearance
                                                    requirement for
                                                    conductors attached
                                                    to the side of a
                                                    building. (The final
                                                    rule also clarifies
                                                    that paragraph
                                                    (c)(2) applies to
                                                    roof surfaces that
                                                    are subject to
                                                    pedestrian or
                                                    vehicular traffic).
1910.304(c)(5)................  1910.304(d)......  No substantive
                                                    change.
1910.304(d)(1)(i).............  1910.304(e)(1)(i)  No substantive
                                                    change.
1910.304(d)(1)(ii)............  1910.304(e)(1)(ii  No substantive
                                 ).                 change.
                                1910.304(e)(1)(ii  **Adds a requirement
                                 i).                for service
                                                    disconnecting means
                                                    to be suitable for
                                                    the prevailing
                                                    conditions.
1910.304(d)(2)................  1910.304(e)(2)...  No substantive
                                                    change.
1910.304(e)(1), introductory    1910.304(f)(1),    No substantive
 text.                           introductory       change.
                                 text.
1910.304(e)(1)(i).............  1910.304(f)(1)(i)  No substantive
                                                    change.

1910.304(e)(1)(ii)............  1910.304(f)(1)(ii  No substantive
                                 ).                 change.
1910.304(e)(1)(iii)...........  1910.304(f)(1)(ii  **The types of
                                 i).                circuits that are
                                                    allowed to have a
                                                    single switch
                                                    disconnect for
                                                    multiple fuses are
                                                    now specified in the
                                                    standard.
1910.304(e)(1)(iv)............  1910.304(f)(1)(iv  No substantive
                                 ).                 change.
1910.304(e)(1)(v).............  1910.304(f)(1)(v)  **Adds a requirement
                                                    to clarify that
                                                    handles of circuit
                                                    breakers and similar
                                                    moving parts also
                                                    need to be guarded
                                                    so that they do not
                                                    injure employees.
1910.304(e)(1)(vi)(A).........  1910.304(f)(1)(vi  No substantive
                                 ).                 change.
1910.304(e)(1)(vi)(B).........  1910.304(f)(1)(vi  No substantive
                                 i).                change.
1910.304(e)(1)(vi)(C).........  1910.304(f)(1)(vi  **Adds circuit
                                 ii).               breakers used on 277-
                                                    volt fluorescent
                                                    lighting circuits to
                                                    the types of
                                                    breakers required to
                                                    be marked ``SWD.''
                                1910.304(f)(1)(ix  **Adds a requirement
                                 ).                 to clarify ratings
                                                    of circuit breakers.
1910.304(e)(2)................  1910.304(f)(2)...  **Adds specific
                                                    requirements on how
                                                    to protect feeders
                                                    and branch circuits
                                                    energized at more
                                                    than 600 volts.
1910.304(f), introductory text  1910.304(g),       No substantive
                                 introductory       change.
                                 text.
1910.304(f)(1), introductory    1910.304(g)(1),    No substantive
 text.                           introductory       change.
                                 text.
1910.304(f)(1)(i).............  1910.304(g)(1)(i)  No substantive
                                                    change.
1910.304(f)(1)(ii)............  1910.304(g)(1)(ii  No substantive
                                 ).                 change.
1910.304(f)(1)(iii)...........  1910.304(g)(1)(ii  No substantive
                                 i).                change.
1910.304(f)(1)(iv)............  1910.304(g)(1)(iv  No substantive
                                 ).                 change. (The
                                                    specific voltage
                                                    ratings in existing
                                                    paragraphs
                                                    (g)(1)(iv)(B) and
                                                    (g)(1)(iv)(C) are
                                                    being removed.
                                                    However, this is not
                                                    a substantive change
                                                    as those are the
                                                    voltages used in the
                                                    described systems).
1910.304(f)(1)(v).............  1910.304(g)(1)(v)  **Adds an exception
                                                    to the requirement
                                                    to ground systems
                                                    for high-impedance
                                                    grounded systems of
                                                    480 V to 1000 V
                                                    under certain
                                                    conditions.
1910.304(f)(2)................  1910.304(g)(2)...  **No substantive
                                                    change. (The
                                                    standard adds
                                                    descriptions of
                                                    which conductor is
                                                    to be grounded for
                                                    the different
                                                    systems).
                                1910.304(g)(3)...  **Changes
                                                    requirements for
                                                    grounding portable
                                                    and vehicle mounted
                                                    generators so that
                                                    the requirements are
                                                    equivalent to those
                                                    in OSHA's
                                                    Construction
                                                    Standards (Sec.
                                                    1926.404(f)(3)). The
                                                    sentence in the
                                                    construction
                                                    standard reading:
                                                    ``No other
                                                    [nonneutral]
                                                    conductor need be
                                                    bonded to the
                                                    generator frame''
                                                    has been dropped
                                                    from the general
                                                    industry version.
                                                    This sentence is not
                                                    regulatory in
                                                    nature, and its
                                                    omission has no
                                                    effect on the
                                                    requirement.
1910.304(f)(3)................  1910.304(g)(4)...  **No longer allows
                                                    employers to use a
                                                    cold water pipe as a
                                                    source of ground for
                                                    installations made
                                                    or modified after
                                                    the effective date.
1910.304(f)(4)................  1910.304(g)(5)...  **Adds a requirement
                                                    that the path to
                                                    ground be effective.
1910.304(f)(5)(i).............  1910.304(g)(6)(i)  No substantive
                                                    change.
1910.304(f)(5)(ii)............  1910.304(g)(6)(ii  No substantive
                                 ).                 change.
1910.304(f)(5)(iii)...........  1910.304(g)(6)(ii  No substantive
                                 i).                change.
1910.304(f)(5)(iv)............  1910.304(g)(6)(iv  **The exceptions for
                                 ) and (g)(6)(v).   grounding fixed
                                                    equipment operating
                                                    at more than 150 V
                                                    are extended to all
                                                    fixed electric
                                                    equipment regardless
                                                    of voltage. Also,
                                                    the final rule
                                                    includes a new
                                                    exception for double-
                                                    insulated equipment.
1910.304(f)(5)(v).............  1910.304(g)(6)(vi  **Adds the following
                                 ) and              equipment to the
                                 (g)(6)(vii).       list of cord- and
                                                    plug-connected
                                                    equipment required
                                                    to be grounded:
                                                    stationary and fixed
                                                    motor-operated tools
                                                    and light industrial
                                                    motor-operated
                                                    tools.
1910.304(f)(5)(vi)............  1910.304(g)(7)...  **Adds frames and
                                                    tracks of