OSHA issues memorandum to delay enforcement pertaining to the new final rule
OSHA has issued a memorandum to both the construction and maintenance sectors to delay enforcement (hence citations) pertaining to the new final rule issued April 2014.
This is only delaying enforcement of revisions made to the previous versions of the standards. Employers not in compliance to the previous versions can be cited based on those existing version’s requirements. Also delayed are revised provisions in 1910.137 (b) and 1910.97 (b) requiring electrical protective equipment other than the rubber insulating equipment in paragraph (a) of each standard (gloves, sleeves, etc.) of being able to withstand any voltage imposed upon them. An example would be a plastic barrier (plastic being an insulating material) may be used as a physical barrier but not considered as an insulating electrical protective equipment means unless tested to standards equivalent to consensus criteria such as ASTM F712, F968 or IEEE Standard 516. At issue is where this “other insulating equipment” can be used and if, not tested, can be considered a means of employee protection.
Revised provisions 1910.137 and 1926.97 (a) and (c) pertaining to testing, in-service care and use of insulating equipment affecting 1926.951 (a)(1) described in section (a) of each standard will be enforced on July 10, 2014 as earlier determined in the April 10, 2014 release of the revised final rule.