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 Post subject: Regulatory Body position on Arc Flash assessments
PostPosted: Mon Mar 16, 2015 7:16 am 
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Are regulatory bodies activity auditing for Arc Flash labeling for manufacturing operations that have NOT had an incident(s) in any country globally? Noted reference to stiff fines if an event generated regulatory investigation and assessments had not been performed, hazards posted with labels.


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 Post subject: Re: Regulatory Body position on Arc Flash assessments
PostPosted: Tue Mar 17, 2015 3:08 am 
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Location: North Carolina
This sounds like the Tyler Pipe philosophy where for a time they were OSHA's “most wanted“. Philosophy went like this...say emissions system breaks down. Say EPA can fine up to $80k/day if we get caught, but we make $100k/day, so we run without it even to the point of looking at cost/benefit to repair. Engineers at that plant even had to do cost/benefit on installing disconnects for loto, and managers had to justify taking time to do loto. Several people have went to prison over the years doing cost/benefit analysis without considering noncash 'incentives' when OSHA, EPA, etc., can prove willfulness.So the answer is probably no but the logical conclusion is not worth the risk unless the hazard of personal fines and prison sentences is taken into account if you get caught.


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 Post subject: Re: Regulatory Body position on Arc Flash assessments
PostPosted: Tue Mar 17, 2015 8:49 am 
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PaulEngr wrote:
So the answer is probably no but the logical conclusion is not worth the risk unless the hazard of personal fines and prison sentences is taken into account if you get caught.


I concur with "probably no". However, two things to add.

I am contacted from time to time by attorneys representing various clients and on a few occasions, the client was cited and fined by OSHA and there was no incident - just an inspection. One case, OSHA performed an inspection and cited the company for no labels, PPE etc. I don't know the details because I did not take the case.

The other consideration, is depending on which country you are in, the United Kingdom for example, has a corporate manslaughter act where management can be held criminally liable and imprisoned. This was established in 2008 in the U.K. I just returned from there last week and was discussing this with one of my U.K. colleagues who is involved with such a case right now.

However, under "normal" situations I agree with Paul's assessment.


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