Wednesday, May 13, 2009

Question and Answer with OSHA

Many people have questioned whether or not TempCovers are "approved" by OSHA. Please see this response as found in the Letter of Interpretation, which you can read in it's entirety by clicking here.

Question: Does the TempCover product, when used in conjunction with manufacturer recommended procedures, comply with the requirement in 29 CFR 1926.405(d) to limit the accessibility of live electrical parts to qualified persons?

Answer: As we have stated previously,1 OSHA is generally precluded from approving or endorsing specific products. The variable working conditions at job sites and possible alteration or misapplication of an otherwise safe piece of equipment could easily create a hazardous condition beyond the control of the equipment manufacturer. However, where appropriate, we try to give some guidance to help employers assess whether products are appropriate to use in light of particular OSHA requirements. If used in accordance with the manufacturer recommended procedures for use, use of this product would not violate the limited accessibility provision in 1926.405(d). That provision states:

Switchboards that have any exposed live parts shall be located in permanently dry locations and accessible only to qualified persons. Panelboards shall be mounted in cabinets, cutout boxes, or enclosures designed for the purpose and shall be dead front. However, panelboards other than the dead front externally-operable type are permitted where accessible only to qualified persons. Exposed blades of knife switches shall be dead when open.(Emphasis added). The applicable part of the manufacturer recommended procedures states:
2) TempCovers are intended to be used only for a period of a work shift or consecutive multiple work shifts that are manned by a qualified and/or licensed persons. 3) Qualified person and/or persons shall be properly trained as per all applicable OSHA Standards and NFPA 70E. 4) The use of proper PPE (Personal Protective Equipment) and the additional use of a barrier is the responsibility of the user/user's employer. Refer to applicable OSHA Standards and NFPA 70E.(Emphasis added). The combination of the three instructions/procedures listed above, which includes an instruction to use a barrier in conjunction with the panel, is designed to ensure that the live electrical parts are "accessible only to qualified persons." If a TempCover is used in accordance with these instruction/procedures, the requirement in 29 CFR 1926.405(d) regarding accessibility would be met. If you need additional information, please contact us by fax at: U.S. Department of Labor, OSHA, Directorate of Construction, Office of Construction Standards and Guidance, fax # 202-693-1689. You can also contact us by mail at the above office, Room N3468, 200 Constitution Avenue, N.W., Washington, D.C. 20210, although there will be a delay in our receiving correspondence by mail.

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