Title of Regulation: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.303, 16VAC25-90-1910.304).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: July 15, 2009.

Agency Contact: John J. Crisanti, Planning and Evaluation Manager, Department of Labor and Industry, Powers-Taylor Building, 13 South Thirteenth Street, Richmond, VA 23219, telephone (804) 786-4300, FAX (804) 786-8418, TTY (804) 786-2376, or email john.crisanti@doli.virginia.gov.

Summary:

On February 14, 2007, federal OSHA published a revision of its electrical installation standard for general industry, 29 CFR Part 1910, subpart S, which the Safety and Health Codes Board subsequently adopted at its June 26, 2007, meeting. In this current action, federal OSHA corrected two typographical errors that were also corrected in Table S-3 of 29 CFR 1910.303 of the final rule. Federal OSHA corrected “2.81" and “9.01,” the first entries under the column heads “m” and “ft,” to read “2.8" and “9.0," respectively.

Following the promulgation of the final rule in 2007, federal OSHA received numerous questions from the public concerning the application of 29 CFR 1910.304(b)(3)(ii), questions stemming from the structure of the text of the provision, questions concerning whether the standard recognizes all forms of ground-fault protection devices, and questions about whether the standard requires Ground Fault Circuit Interrupters (GFCI) to be used with branch circuits supplying temporary lighting.

Federal OSHA determined that 29 CFR 1910.304(b)(3)(ii) was intended to apply to temporary wiring installations used during the performance of construction-like activities, including certain maintenance, remodeling, or repair activities, involving buildings, structures or equipment.

In response to questions about temporary wiring, federal OSHA stated that, for purposes of 29 CFR 1910.304(b)(3)(ii), it considers as “temporary wiring” the use of more than one extension cord (connected in series or otherwise) to be a permanent outlet, or the temporary connection of more than one piece of utilization equipment to an extension cord set that is connected to a permanent receptacle outlet. Federal OSHA notes that this temporary wiring would only be covered by 29 CFR 1910.304(b)(3)(ii) if it is used during “construction-like activities.”

Additionally, federal OSHA decided that 29 CFR 1910.304(b)(3)(ii) applies only to branch circuits, which are "the circuit conductors between the final overcurrent device (circuit breaker or fuse) protecting the circuit and the outlets".

It also determined that 29 CFR 1910.304(b)(3)(ii)(A) requires ground-fault circuit interrupters (GFCI) for personnel protection and as electric equipment that must be approved by nationally recognized testing laboratories (NRTL).

Lastly, federal OSHA determined that the standard requires GFCI protection for temporary circuits supplying lighting only when those circuits also supply receptacles.

Note on Incorporation by Reference:

Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910, General Industry Standards, is declared a document generally available to the public and appropriate for incorporation by reference. For this reason the document will not be printed in the Virginia Register of Regulations. A copy of the document is available for inspection at the Department of Labor and Industry, 13 South 13th Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, General Assembly Building, 9th and Broad Streets, Richmond, Virginia 23219.

Statement of Final Agency Action:

On April 16, 2009, the Safety and Health Codes Board adopted the Clarifications and Correcting Amendments to federal OSHA’s final rule on the Electrical Standard, Subpart S of 29 CFR Part 1910, 29 CFR 1910.303 and 1910.304, as published in 73 FR 64202 on October 29, 2008, with an effective date of July 15, 2009.

Federal Terms and State Equivalents:

When the regulations, as set forth in the clarifications and correcting amendments to the final rule for the Electrical Standard, Subpart S of Part 1910, 29 CFR 1910.303 and 1910.304, are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows: