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OSHA found, in reviewing the construction regulations, that the provisions of Subpart V of part 1926 were suitable for use as a base in the development of rules for operation and maintenance work. Important safety considerations for electric utility employees are currently addressed in Subpart V including tools and protective equipment, mechanical equipment, grounding for employee protection, and overhead and underground installations. These are topics that also need to be addressed in a comprehensive standard for the operation and maintenance of electric power transmission and distribution installations.
Most tree-trimming operations, which are often performed by employees of outside contractors, do not involve routine line-maintenance activities. Although these tree-trimming employees work near the power lines, they do not work directly on them. For activities other than the actual tree-trimming work, these employees are not "qualified employees" for the purposes of this standard. Therefore, many of the requirements set forth in 1910.269 are not relevant to their work. Since these employees are not trained as qualified linemen, OSHA feels that the application of rules written expressly for electric utility-type work could expose these other types of workers to hazards that they are not adequately trained to face. For example, paragraph (1) allows qualified employees to come closer than 2 feet to a 7600-volt overhead distribution line if the employee is wearing electrical protective equipment (such as rubber insulating gloves and sleeves). By contrast, paragraph (r)(1) requires line-clearance tree trimmers to maintain a minimum approach distance from energized overhead power lines regardless of any other protective techniques that might be employed. Line-clearance tree-trimming work does not require these employees to come closer to power lines, nor does their training(15) typically encompass all the information and skill needed to work on or closer than 2 feet to the line, regardless of whether electrical protective equipment is used. For these reasons, OSHA has adopted special electrical safety-related work practice provisions for line-clearance tree trimmers that are more stringent than those that apply to "qualified employees". These provisions are contained in paragraph (r)(1).
Two others suggested that the standard require GFCI protection in addition to that provided by the three alternative protective methods listed in the proposal (Ex. 3-21, 3-76; DC Tr. 415-416, 503). The UWUA was particularly concerned that tools may be dropped and lose whatever protection was afforded by double insulation (DC Tr. 503). OSHA's electrical standards for general industry and for construction recognize double insulation as an appropriate method of protection against electric shock. The Agency has no evidence under these standards that double-insulated tools lose their protective abilities once they are dropped or that electric power generation, transmission, and distribution maintenance work exposes tools and cords to the same degree of mishandling and abuse found on construction sites, where GFCIs are required in addition to double insulation or grounding. Therefore, the final rule adopts the approach presented in paragraph (i)(2) of proposed 1910.269 (that is, tools must be protected by grounding, double insulation, or an isolating transformer).
Supporters of periodic live-line tool testing expressed concern that the tool needed to be checked periodically in order to verify the tool's ability to protect the worker. In expressing this view, Mr. Arthur Lewis, one of OSHA's expert witnesses, noted that current practices of most firms in the country conform to a 1- to 2-year testing interval (DC Tr. 373-374). Others also endorsed intervals of 2 years or less (Ex. 3-46, 3-57, 61).
Those opposed to a requirement for regular testing argued that inspection of the tool was sufficient to detect defects which could cause failure and that no fatalities have been caused by the failure of a live-line tool. They asserted that testing was necessary only when an inspection found defects in the tool. Several pointed to the Institute of Electrical and Electronics Engineers Guide for In-Service Maintenance and Electrical Testing of Live-Line Tools, IEEE Std. 978-1984, which states "Insulating tools should be shop maintained and tested at an interval dependent on their exposure, manner of use, care they receive, individual company policy, and as field inspection dictates (Ex. 60). In response to questions by EEI and OSHA attorneys, Mr. Joseph Van Name made the case for thorough examination of hot sticks as follows:
The comments presented various views on this issue. Two supported the proposal (Ex. 3-13, 3-20), while others suggested that the Agency adopt the ANSI C-2 requirements (Ex. 3-35, 3-57, 3-65, 3-80, 3-82, 3-107). In its pre-hearing comments, Edison Electric Institute also supported the ANSI minimum approach distance tables, but they expressed concern that neither ANSI nor OSHA recognized reductions in minimum approach distances for certain maintenance operations, such as painting and adjusting hardware (Ex. 3-112).
Another witness, Mr. Joseph Van Name, representing the National Electrical Safety Code Committee, Working Group 8, and the Line Maintenance Group of the Pennsylvania-New Jersey-Maryland Interconnection, testified about the technical basis upon which minimum approach distances rely (LA Tr. 471-510). He explained that the technical basis for determining the distance needed to protect against sparkover and flashover (types of disruptive discharge(60)) is contained in the IEEE Guide for Maintenance Methods on Energized Power-Lines, ANSI/IEEE Std. 516-1987 (Ex. 60; LA Tr. 491). He described the procedure as follows:
Footnote(60) Disruptive discharge" means the phenomena associated with the failure of insulation, under electric stress, that include a collapse of voltage and the passage of current; the term applies to electrical breakdown in solid, liquid, and gaseous dielectrics and combinations of these. Terms relating to various types of disruptive discharge include "sparkover", "flashover", and "puncture". "Sparkover" is the term used for a disruptive discharge occurring in a gaseous or liquid dielectric. "Flashover" is the term used for a discharge occurring over the surface of a solid dielectric in a gaseous or liquid medium. "Puncture" is the term used for the discharge occurring through a solid dielectric. (These definitions were taken from Ex. 8-2. These terms were also explained by Mr. Van Name at LA Tr. 486.) The term "sparkover" generally applies to a breakdown that occurs when an employee is using air as an insulating medium; "flashover" usually applies when he or she is using a live-line tool and a breakdown occurs. 2ff7e9595c
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