Editor’s Note – Mark Lies II is a labor and employment law attorney and partner with the Chicago, IL, law firm of Seyfarth Shaw. Legal topics provide general information, not specific legal advice. Individual circumstances may limit or modify this information.
In our modern society, we cannot enjoy our daily lives without electricity. If anyone doubts this premise, the recent massive power blackout in the northeastern part of the country demonstrates this dependence.
As the blackout also demonstrated, electricity can be very hazardous and catastrophic accidents may occur unless it is handled properly by those who service and maintain electrical equipment.
Tragic Accidents
As every reader of this article is aware (some from actual childhood experiences of sticking something metallic into an electrical outlet), live electricity can cause a variety of side effects, from the discomfort of an unexpected electrical shock, to severe burns, to death.
As many employees suffer electrical-related injuries (and deaths), it is important for employers to examine why these incidents occur and take appropriate action. Since it is not possible to de-energize electrical equipment during all servicing and repair, employees must be trained to work on live electrical equipment.
OSHA Requirements
As expected, no employee can work on energized electrical equipment unless several regulations of the Occupational Safety and Health Administration (OSHA) are met, including:
• Subpart S – Electrical (29 CFR 1910.301-399)
• Control of Hazardous – Lockout/Tagout (29 CFR 1910.147)
• Personal Protective Equipment (29 CFR 1910.132-138)
These regulations, as will be seen, identify the following:
• Who can work on electrical equipment;
• What types of training these persons must have;
• What type of tools and personal protective equipment they must utilize; and
• What type of procedures must be followed.
Job Hazard Analysis
In order to identify which equipment contains electrical hazards during installation, servicing, and maintenance, the first step should be an analysis of those pieces of equipment to identify the various voltages to which employees may be exposed. After this initial building block is accomplished (using the equipment manuals) by employees who are experienced with the hazards of electricity, the employer can identify those employees who will actually be required to perform the work.
Qualified Persons
Only “qualified persons” are allowed to work in energized areas, that is, they must be trained in and familiar with: the skills and techniques necessary to distinguish exposed live parts from other parts of the equipment; the skills and techniques necessary to determine the nominal voltage of exposed live parts; and the safe clearance distances (from the live electrical equipment) and the corresponding voltages to which they will be exposed (29 CFR 1910.332(b)(3)).
Thus, until these requirements are satisfied, no employee can work on energized electrical equipment. This requirement can be met by determining that the employee is a properly trained, licensed electrician; the employee has sufficient prior training as an electrician; and the employee is trained by the employer through on-the-job training, outside professional training, or both.
In all cases, the employer must obtain and maintain the documentation of this training because, unfortunately, if the employee sustains a fatal injury, there will be no means to establish the employee’s “qualified” status.
Lockout/Tagout
Before commencing electrical work, the “qualified” employee must also be trained and equipped to perform lockout/tagout on the equipment so that, except for the brief period when the electrical equipment must be energized to perform work, that the equipment is in a zero energy state while the repairs are being performed and the electrician will not be electrocuted by the “unexpected” energization of the equipment.
The interface between lockout/tagout and live electrical work has led to many tragedies where the qualified employee fails or forgets to lockout the equipment before performing the work and comes in contact with “live” electrical currents which s/he mistakenly did not de-energize.
Personal Protective Equipment
As is the case in nearly every job, there are requirements for personal protective equipment to be worn by the employee that will protect the employee’s body from contact with the electrical equipment or the current itself (in the case of arcing). The requirements are set out in 29 CFR 1910.335.
In order to confirm that these personal protective equipment requirements are being met, the employer must follow the procedures outlined in 29 CFR 1910.132, which includes preparation of documentation, including certifications.
Observation and Discipline
As is the case, no program for electrical safety will function properly unless the employer establishes a regular program to observe employees as they perform electrical servicing and maintenance. Any deficiencies observed must be addressed with appropriate discipline.
Electricity is an essential aspect of our lifestyle. Unfortunately, it is not sympathetic to human beings who do not understand its hazards and who fail to handle it properly. If the step process outlined above is followed, the employee can substantially reduce the hazards of electrical exposure.
Labor and the Law - October 2003 Render