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ChevsMark
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Post subject: Rubber Gloves w/Leather Protectors Posted: Thu Nov 04, 2010 8:29 am |
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Joined: Thu Jan 07, 2010 6:42 am Posts: 35 Location: Bowling Green, KY
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[font="Comic Sans MS"][SIZE="3"]I'm trying to find documentation for gloves being required at any voltage >50 vac/vdc. My salaried counterpart does not see why I'm saying we need them. He considers NFPA 70E to be "advisory" versus a regulation. I have already provided him with Table 130.7(C)(9), and 130.7(C)(10) from 70E. Could anyone help????  [/size][/font]
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A King
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Post subject: Posted: Wed Nov 10, 2010 10:23 am |
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Joined: Wed Oct 29, 2008 6:06 am Posts: 136 Location: Michigan
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Enforcing 70E
OSHA doesn’t specifically address arc flash hazards; however, there exists adequate safety requirements for employers to follow to ensure the safety of workers. This is known as the [url="http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=3359&p_table=oshact"]General Duty Clause[/url] and can be found in section five of the OSH Act of 1970. It states that “each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees and shall comply with occupational safety and health standards promulgated under this Act.” This means that an employer may be obligated to protect employees from recognized hazards in the workplace even if there is not an OSHA standard which applies to the situation or if hazards still exist after compliance with a standard.
OSHA has issued citations to companies for failure to provide proper PPE, safe work practices/procedures and training citing the NFPA-70E as being a national consensus standard (see attachment). Courts have then interpreted that because the NFPA 70E is a consensus standard and because OSHA references the NFPA 70E that it, or some other standard as effective, shall be used to prevent workplace injuries; frequently employees or family members bring civil suit against employers using OSHA court findings to pursue multi-million dollar settlements for death, pain and suffering.
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geh7752
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Post subject: Posted: Wed Nov 10, 2010 10:25 am |
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Joined: Sat Jun 07, 2008 5:11 pm Posts: 143 Location: Connecticut
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NFPA70E in itself isn't enforceable under the law. However, OSHA does mandate employers provide PPE and provide a safe work environment. OSHA uses the NFPA70E as the standard for enforcement. OHSA can impose hefty fines for companies under it's General Duty Clause for failure to comply. Especially if an injury or death occurs as a result the company's failure to provide PPE or a safe work environment. Along with this... management and supervisors think they are immune from prosecution because they work for a company. Sorry... this is not the case and can find themselves as defendants in civil law suits filed by the injured person (or family) for egligents. 
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A King
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Post subject: Posted: Wed Nov 10, 2010 10:53 am |
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Joined: Wed Oct 29, 2008 6:06 am Posts: 136 Location: Michigan
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Enforcing 70E
Alright, trying again with the attachment...
[ATTACH]136[/ATTACH]
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geh7752
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Post subject: Posted: Wed Nov 10, 2010 11:36 am |
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Joined: Sat Jun 07, 2008 5:11 pm Posts: 143 Location: Connecticut
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Exactly what we are saying! Nice job A King.
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ChevsMark
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Post subject: Posted: Mon Nov 29, 2010 7:24 am |
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Joined: Thu Jan 07, 2010 6:42 am Posts: 35 Location: Bowling Green, KY
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Thank you for your replies!
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