You have probably seen OSHA’s recent guide, Protecting Employees from Electric-Arc Flash Hazards. OSHA produced this guide to assist employers and employees in understanding and protecting against arc flash hazards, which raises an interesting question about OSHA and its relationship to NFPA 70E, Standard for Electrical Safety in the Workplace (Photo 1).

It reminds us of how important it is to understand the hazards of electricity and, more specifically, to understand the words and meaning behind NFPA 70E, as OSHA often uses the standard as a reference for its actions related to violations and fines.

Remember, it was OSHA in 1975 that recognized a need to create a standard “to fulfill OSHA’s responsibilities that would still be fully consistent with the NEC.” Here’s information (in part) related to that, straight from the NEC foreword. In May 1975, the Assistant Secretary of Labor for OSHA responded as follows:

“The concept, procedures, and scope of the effort discussed with my staff for preparing the subject standard appear to have great merit, and an apparent need exists for this proposed consensus document, which OSHA could consider for promulgation under the provisions of Section 6(b) of the Act. OSHA does have an interest in this effort and believes the proposed standard would serve a useful purpose.

“The Standards Council of NFPA announced the formal appointment of a new electrical standards development committee on January 7, 1976. The Committee on Electrical Safety Requirements for Employee Workplaces was formed to assist OSHA in preparing an electrical safety standard that would serve OSHA’s needs and assist in complying with the requirements of Section 6(b) of the Occupational Safety and Health Act.”

When it comes to workplace safety, few industries are exempt from the risks associated with electrical hazards. They’re simply everywhere. OSHA has been a pivotal force in enforcing workplace electrical safety standards, and NFPA 70E plays a significant role in this process.

Violations and fines

But how does NFPA 70E impact OSHA violations and fines (Photo 2)? NFPA 70E, a comprehensive set of guidelines designed to reduce the risk of electrical injuries and fatalities, differs from OSHA regulations, which are federal law. Note that NFPA 70E is a voluntary standard, although it is widely regarded as a best-practice manual for electrical safety and is frequently used as a benchmark by OSHA inspectors.

How OSHA and NFPA 70E interact

OSHA enforces workplace safety under the General Duty Clause Section 5(a)(1) of the Occupational Safety and Health Act, which requires employers to provide a workplace “free from recognized hazards.”

It was just said, but it bears repeating, that while NFPA 70E is not federal law, OSHA often uses it to validate and enforce compliance with safety standards… and here’s how.

Validation of recognized hazards. OSHA considers NFPA 70E a recognized industry standard. If an employer fails to implement measures outlined in NFPA 70E, OSHA can cite this as evidence of non-compliance with the General Duty Clause. For example, an employer who does not conduct an arc flash risk assessment violates NFPA 70E guidelines, which OSHA can use as a basis for issuing a citation.

Reference in citations. OSHA frequently references NFPA 70E in violation citations to specify the standard that employers failed to meet. While the citation itself may list an OSHA regulation, the underlying details often draw directly from NFPA 70E requirements.

Increased fines. Failure to comply with NFPA 70E can significantly increase OSHA fines. Penalties can range from thousands to hundreds of thousands of dollars, depending on the severity and frequency of violations.

A few real-world examples

Case No. 1: Employee killed when electrocuted (March 2024). Two serious citations (one for $11,292 and one for $16,131) were issued related to an electrocution on the job site. At 9:30 a.m. on March 21, 2024, an employee (62-year-old male) was installing a shunt on a pump station. The employee was electrocuted and suffered arc blast burns to the chest, neck, and face. The employee died. (OSHA Inspection Nr: 1739835.015)

Case No. 2: Employee killed by electrocution (January 2024). A serious citation for $16,131 was related to an electrocution. On Jan. 11, 2024, after completing a safety brief, a four-person crew proceeded to remove and install overhead power lines on a newly installed 95-ft-long concrete utility pole. The crew consisted of: a foreman, Employee No. 1 (59-year-old male; lineman); Coworker No. 1 (heavy equipment operator); Coworker No. 2 (lineman); and Coworker No. 3 (operator).

Coworker No. 1 was operating a derrick digger to remove the second 65-ft-long concrete pole. The other 65-ft-long concrete pole had been removed from the ground the day prior. Employee No. 1 was acting as the groundman, directing Coworker No. 1. Coworkers No. 2 and No. 3 were installing the overhead power lines utilizing an electrical utility bucket truck. The three 115kV transmission power lines were not energized while performing these operations.

At approximately 9:30 a.m., after Coworker No. 1 cleared the concrete utility pole off the ground, he began to lower the pole into the hole. The boom assembly rotated toward the right, allowing the top end of the utility pole to make contact with an adjacent 46kV overhead power line, creating an arc flash. Employee No. 1 was in contact with the utility pole, which had the grounding cable still attached, and suffered an electrocution. Employee No. 1 was killed. (OSHA Inspection Nr: 1720741.015)

Case No. 3: Employee killed in arc flash while troubleshooting switch (October 2023). Two serious citations (one for $11,292 and one with no fine) were issued related to an electrocution and arc flash fatality. At 10:00 a.m. on Oct. 22, 2023, an employee (25-year-old male) working as an electrician for a natural-gas distribution company was troubleshooting switchgear in the motor control center. The employee was working with three coworkers who worked for other employers. The employee contacted live electrical equipment, and an arc flash occurred. The employee died from electrocution, burns, and smoke inhalation. (OSHA Inspection Nr: 1705435.015)

Why NFPA 70E compliance matters

You should not worry only about the money associated with the consequences of non-compliance with NFPA 70E and OSHA regulations (Photo 3). The consequences extend beyond monetary fines. Employers who neglect electrical safety put their workers at risk of severe injury or death and face reputational damage with their customers and their competitors in the industry. As always, they risk potential litigation… not only against the company but also against individuals.

Here’s why compliance is critical:

Protecting employees. The primary goal of NFPA 70E is to safeguard employees from electrical hazards. Implementing its guidelines not only helps employers achieve legal compliance but also fosters a safer workplace. OSHA does not enforce NFPA 70E directly, but may use it as evidence when enforcing its own standards.

Reducing financial risks. OSHA fines for electrical safety violations can be steep, often exceeding six figures. Adhering to NFPA 70E minimizes the likelihood of citations and the financial burden of non-compliance.

Enhancing productivity. A safe work environment reduces downtime caused by accidents, leading to improved productivity and employee morale.

Avoiding legal liabilities. In the event of an incident, adherence to NFPA 70E can serve as a defense against claims of negligence and OSHA violations.

What can you do?

As an employer, what can you do to ensure compliance with NFPA 70E and meet the intent of OSHA’s rules and requirements? If you don’t do anything else, at least do these five things:

1. Conduct risk assessments. Regularly evaluate arc flash and electrical shock risks.
2. Implement LOTO procedures. Ensure all energy sources are properly de-energized before maintenance.
3. Provide PPE. Equip employees with NFPA 70E-compliant protective gear.
4. Offer training. Train employees on electrical safety practices and the specific hazards of their work environment.
5. Document procedures. Maintain clear, written policies and procedures for electrical safety.

Conclusion

The NFPA 70E standard plays a vital role in shaping workplace safety practices and serves as a cornerstone for OSHA’s enforcement efforts. While not legally binding, it is widely regarded as the gold standard for electrical safety and often forms the basis for OSHA citations and fines.

By understanding the interplay between NFPA 70E and OSHA regulations, employers can better protect their workforce, avoid costly penalties, and create a culture of safety. Ultimately, compliance is not just about avoiding fines; it’s about safeguarding lives and building a safer future for everyone. Remember: Before working on it, turn it off. And you know this — test before touch!

Electrical Testing Education articles are provided by the InterNational Electrical Testing Association (NETA), www.NETAworld.org. NETA was formed in 1972 to establish uniform testing procedures for electrical equipment and systems. Today the association accredits electrical testing companies; certifies electrical testing technicians; publishes the ANSI/NETA Standards for Acceptance Testing, Maintenance Testing, Commissioning, and the Certification of Electrical Test Technicians; and provides training through its annual conferences (PowerTest and EPIC — Electrical Power Innovations Conference) and its expansive library of educational resources.