September 24, 1987
MEMORANDUM FOR: ALL REGIONAL ADMINISTRATORS
FROM: THOMAS J. SHEPICH, Director
Directorate of Compliance Programs
THRU: LEO CAREY, Director
Office of Field Programs
SUBJECT: Clarification of 29 CFR 1926.403(a)
In the revised Subpart K, Electrical Standards for Construction the language
of the requirement for approval in 1926.403(a) differs from the wording given
in Subpart S, Electrical Standards for General Industry, 1910.303(a).
However, while different language was used in Subpart K, no difference in the
implementation of the requirement was intended.
In both standards, Subpart K and Subpart S, the definition of "approved"
leads to the definition of "acceptable," which provides for acceptance of
electric equipment based in testing by a laboratory (among other means of
acceptance). The Subpart K requirement for approval is not intended to
expand equipment testing beyond what has taken place under Subpart S.
In determining the acceptability of electric equipment that is of a type
that has not historically been tested by a "qualified electrical testing
laboratory," OSHA compliance staff must consider the decisions of local
authorities responsible for enforcing the National Electrical Code.