[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)][Rules and Regulations][Pages 60033-60040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25062]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1926
[Docket Nos. S-016 (OSHA-S016-2006-0646), OSHA-S215-2006-0063]
RIN 1218-AA32, 1218-AB67
Electrical Safety-Related Work Practices; Electric Power
Generation, Transmission, and Distribution; Electrical Protective
Equipment; Corrections
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Correcting amendments.
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SUMMARY: This document corrects the electrical safety-related work
practices standard for general industry and the electric power
generation, transmission, and distribution standards for general
industry and construction to provide additional clarification regarding
the applicability of the standards to certain operations, including
some tree trimming work that is performed near (but that is not on or
directly associated with) electric power generation, transmission, and
distribution installations. This document also corrects minor errors in
two minimum approach distance tables in the general industry and
construction standards for electric power generation, transmission and
distribution work.
DATES: These correcting amendments are effective on October 5, 2015.
FOR FURTHER INFORMATION CONTACT: General information and press
inquiries: Mr. Frank Meilinger, Office of Communications, Room N3647,
OSHA, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone (202) 693-1999; email
meilingerfrancis2@dol.gov.
Technical information: Mr. William Perry, Directorate of Standards
and Guidance, Room N3718, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-1950
or fax (202) 693-1678; email perry.bill@dol.gov.
SUPPLEMENTARY INFORMATION: This document revises certain language in
OSHA's standards to reflect the Agency's intent about the scope of two
general industry standards. First, this document revises language that
mistakenly could be read as suggesting that the general industry
electric power generation, transmission, and distribution standard
covers certain tree-trimming work that is performed near, but that is
not on or directly associated with, electric power generation,
transmission, and distribution installations. This was never OSHA's
intent; rather, OSHA intended that the general industry electrical
safety-related work practices standard cover such work. Similarly, OSHA
is correcting language in its general industry electrical safety-
related work practices standard to make clear that the standard covers
other work performed by qualified persons that is near, but not on or
directly associated with, both electric power generation, transmission,
and distribution installations and certain other types of
installations.
This notice also corrects minor errors in two minimum approach
distance tables in the general industry and construction standards for
electric power generation, transmission and distribution work.
Background
On August 6, 1990, OSHA adopted a standard on electrical safety-
related work practices for general industry (55 FR 31984).\1\ That
standard is contained in Sec. Sec. 1910.331 through 1910.335 in
subpart S of 29 CFR part 1910. According to Sec. 1910.331(a), that
standard contains electrical safety-related work practices for both
qualified persons \2\ (those who have training in avoiding the
electrical hazards of working on or near exposed energized parts) and
unqualified persons (those with little or no such training) working on,
near, or with certain electrical installations (not including electric
power generation, transmission, and distribution installations).
Paragraph (c) of Sec. 1910.331 excludes from the scope of the
electrical safety-related work practices standard work by qualified
persons ``on or directly associated with'' certain installations,
including installations for the generation, transmission, and
distribution of electric energy (Sec. 1910.331(c)(1)).\3\
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\1\ The Docket number, as listed on the original final rule, was
S-016. The corresponding Docket ID on Regulations.gov is OSHA-S016-
2006-0646 (http://www.regulations.gov/#!docketBrowser;rpp=50;so=ASC;sb=docId;po=50;D=OSHA-S016-2006-0646).
\2\ Subpart S, in Sec. 1910.399, defines ``qualified person''
as someone who has received training in and has demonstrated skills
and knowledge in the construction and operation of electric
equipment and installations and the hazards involved. In addition,
Sec. Sec. 1910.332(b)(3) and 1910.333(c)(2) require qualified
persons to have specialized skills and training before OSHA
considers them to be qualified.
\3\ Paragraph (b) of Sec. 1910.331 provides that the electrical
safety-related work practice requirements in Sec. Sec. 1910.331
through 1910.335 apply to work performed by unqualified persons on,
near, or with the installations listed in paragraph (c).
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When the Agency promulgated the electrical safety-related work
practices standard in 1990, OSHA did not define ``work directly
associated with'' generation, transmission, or distribution
installations. However, Note 2 to Sec. 1910.331(c)(1) gave two
examples of such work: line-clearance tree trimming and replacing
utility poles. OSHA defined ``line-clearance tree trimming,'' at 29 CFR
1910.399 in subpart S, as the pruning, trimming, repairing,
maintaining, removing, or clearing of trees or cutting of brush that is
within 305 cm (10 feet) of electric supply lines and equipment.
On January 31, 1994, OSHA issued a new standard, Sec. 1910.269,
addressing work practices to be used during the operation and
maintenance of electric power generation, transmission, and
distribution lines and equipment, including, specifically, line-
clearance tree-trimming operations (59 FR 4320).\4\ The 1994 final
rule: adopted a definition of ``line-clearance tree trimming'' in Sec.
1910.269(x) that mirrored the definition of that term in Sec.
1910.399, redesignated Note 2 to Sec. 1910.331(c)(1) (which provided
examples of the types of work that are excluded from the electrical
safety-related work practices standard because they are directly
associated with electric power generation, transmission, or
distribution installations) as Note 3, and added a sentence to that
note stating that work within the scope of the note is covered by Sec.
1910.269.\5\
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\4\ Paragraph (a)(1)(i) of Sec. 1910.269 states that the
standard covers the operation and maintenance of electric power
generation, control, transformation, transmission, and distribution
lines and equipment. Paragraph (a)(1)(i)(E) lists line-clearance
tree-trimming operations as work to which the standard applies.
\5\ The Docket number, as listed on the original final rule, was
S-015. The corresponding Docket ID on Regulations.gov is OSHA-S015-
2006-0645 (http://www.regulations.gov/#!docketBrowser;rpp=25;so=ASC;sb=docId;po=0;dct=N%252BFR%252BPR%252BO
%252BSR%252BPS;D=OSHA-S015-2006-0645").
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On April 11, 2014, OSHA revised Sec. 1910.269, as well as subpart
V of part 1926, which contains corresponding requirements for the
construction of electric power transmission and distribution lines and
equipment (79 FR 20316). The 2014 final rule revised the definition of
"line-clearance tree trimming" in Sec. 1910.269(x) to include the
pruning, trimming, repairing, maintaining, removing, or clearing of
trees, or the cutting of brush, that is within the following distance
of electric supply lines and equipment: (1) For voltages to ground of
50 kilovolts or less--3.05 meters (10 feet) and (2) for voltages to
ground of more than 50 kilovolts--3.05 meters (10 feet) plus 0.10
meters (4 inches) for every 10 kilovolts over 50 kilovolts. The
revision expanded the definition to include work on trees and brush
that were farther away from electric power lines and equipment when the
voltage was more than 50 kilovolts. The 2014 final rule also revised
Note 3 to Sec. 1910.331(c)(1) to reference the definition of "line-
clearance tree trimming" in Sec. 1910.269(x) and deleted the
corresponding definition from Sec. 1910.399.
Need for Correcting Amendment
After OSHA promulgated the 2014 revisions to Sec. 1910.269, tree
care industry representatives raised questions that led the Agency to
believe that the industry was unclear about the application of Sec.
1910.269 with respect to certain tree-trimming work. As a result, OSHA
examined the relevant regulatory language in the general industry
standards on electrical safety-related work practices (subpart S) and
on electric power generation, transmission, and distribution work
(Sec. 1910.269). The Agency's review led to two conclusions: (1)
Revisions to Sec. 1910.269 are necessary to clarify that certain types
of tree trimming meeting the definition of "line-clearance tree
trimming" are not covered by that standard; and (2) revisions to Sec.
1910.331 (in subpart S) are necessary to clarify that the electrical
safety-related work practices in Sec. Sec. 1910.331 through 1910.335
apply to tree-trimming work that may meet the definition of "line-
clearance tree trimming" when that work is not on or directly
associated with electric power generation, transmission, and
distribution or other installations listed in Sec. 1910.331(c) and,
more generally, to work performed by qualified employees when that work
is near, but not on or directly associated with, installations listed
in Sec. 1910.331(c).
Tree trimming: As noted earlier in this document, when the Agency
adopted the electrical safety-related work practices standard in 1990,
OSHA listed line-clearance tree trimming and replacing utility poles as
examples of types of work that are directly associated with electric
power generation, transmission, and distribution installations and,
therefore, excluded from subpart S when performed by a qualified person
(as "qualified person" is defined in Sec. 1910.399). However, OSHA
was imprecise in its description of these examples. Although clearing
trees and brush around power lines and replacing utility poles are
usually tasks that are directly associated with a power line, that is
not always the case. For example, an employee could be trimming trees
away from telephone or cable television lines that happen to be near an
electric power line. This type of tree trimming, which meets the
definition of line-clearance tree trimming in Sec. 1910.269(x), is
work directly associated with communications lines, not electric power
lines, and is covered by Sec. 1910.268, not Sec. 1910.269.\6\
Similarly, a telecommunications firm replacing a utility pole
supporting communications lines is performing work directly associated
with the communications lines, not with any electric power lines that
also happen to be supported by the pole but that are not
transferred to the new pole by the firm. OSHA intended the examples in
Note 3 to Sec. 1910.331(c)(1) to illustrate types of work that
generally (but not always) would be directly associated with electric
power generation, transmission, and distribution lines. The Agency did
not intend for those examples to be dispositive of the question of
whether any particular activity is directly associated with those
installations.
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\6\ Under Sec. 1910.331(c)(2), line-clearance tree trimming to
clear space around communications lines is exempt from Sec. Sec.
1910.331 through 1910.335 when performed by qualified persons.
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Furthermore, the current definition of "line-clearance tree
trimming" in Sec. 1910.269(x) makes the location of the tree or brush
the key determining factor in deciding whether a trimming activity is
line-clearance tree trimming. Consequently, any trimming or other
maintenance of any tree or brush that is within the specified distances
of an electric power line is line-clearance tree trimming, irrespective
of the purpose of the activity or the occupation of the worker.
Notwithstanding this definition, the only line-clearance tree trimming
OSHA intended Sec. 1910.269 to cover is line-clearance tree trimming
performed: (1) For the purpose of clearing space around electric power
generation, transmission, or distribution lines or equipment and (2) on
behalf of an organization that operates, or that controls the operating
procedures for, those lines or equipment. For example, a crew trimming
trees at a residence or commercial facility for aesthetic purposes
would be performing work meeting the current definition of "line-
clearance tree trimming" while trimming any tree that is within the
specified distance of a power line. Yet, in most cases, OSHA would
consider this work to be incidental line-clearance tree trimming \7\
that is not directly associated with an electric power generation,
transmission, or distribution line. When initially promulgating the
electrical safety-related work practices standard in 1990, the Agency
did not intend such incidental line-clearance tree trimming to be
included in the exemption in Sec. 1910.331(c)(1). When OSHA adopted
Sec. 1910.269 in 1994, and revised that standard in 2014, the Agency
proceeded on the understanding that such incidental line-clearance tree
trimming was covered by subpart S; thus, OSHA did not intend to cover
that work under Sec. 1910.269, even though it is now apparent that the
definition of "line-clearance tree trimming" in Sec. 1910.269(x),
which was adopted in 1994, and revised in 2014, did not make this
intent clear.\8\
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\7\ Throughout this preamble, OSHA refers to any tree trimming
activities performed on a tree or brush that is closer to an
electric power generation, transmission, or distribution line or
equipment than the distances specified in the definition of "line-
clearance tree trimming" in existing Sec. 1910.269(x) as
"incidental line-clearance tree trimming" when the tree trimming
activities are not directly associated with the lines or equipment.
\8\ During the rulemaking that led to the promulgation of the
electrical safety-related work practices standard in Subpart S in
1990, the National Arborist Association expressed concern that the
exemption in Sec. 1910.331(c)(1) for work performed by qualified
employees on or directly associated with electric power generation,
transmission, and distribution installations was not specific
enough. That organization recommended that line-clearance tree
trimming be separated from the "directly associated with" electric
power installations test and exempted through a specified exclusion
for tree trimming performed by qualified employees near overhead
power lines (Docket ID OSHA-S016-2006-0646-0084). OSHA rejected that
recommendation and instead adopted the note stating that line-
clearance tree trimming is an example of work directly associated
with electric power generation, transmission, and distribution
installations (55 FR 31997). In discussing the note in the preamble
to the 1990 rule, OSHA rejected an assertion from the National
Arborist Association that the exemption in Sec. 1910.331(c)(1)
would exempt only work performed on behalf of the owner or operator
of the overhead lines (55 FR 31997). OSHA recognizes that this
discussion in the 1990 preamble may have been misleading with
respect to the Agency's intent, which was stated more clearly
elsewhere in the same notice when OSHA noted that line-clearance
tree trimming contractors (usually hired by electric utilities)
would be covered under Sec. 1910.269 and that residential
contractors (usually hired by homeowners or businesses other than
electric utilities) would be covered by the electrical safety-
related work practice requirements in subpart S (55 FR 31997). This
correcting amendment is designed to provide clarification that
should resolve any confusion resulting from imprecision in the 1990
subpart S preamble.
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The Agency's economic analyses for the 1994 and 2014 rulemakings
reflect that OSHA did not intend to cover incidental line-clearance
tree trimming under Sec. 1910.269. The regulatory impact assessment
for the 1994 final rule indicated that Sec. 1910.269 "will cover...
contract line-clearance tree trimmers" (59 FR 4431, emphasis added),
meaning "contractors [that] perform tree trimming for electric
utilities" (OSHA-S015-2006-0645-0008 \9\). And OSHA based the 2014
analysis on the continued assumption that the rule would cover contract
line-clearance tree-trimming firms (in other words, contractors that
perform tree trimming on behalf of a utility or other organization that
operates, or controls the operating procedures for, covered electric
power lines and equipment) only. In the 2014 analysis, OSHA relied on
2002 estimates from the National Arborist Association (now known as the
Tree Care Industry Association) that 90 percent of large
establishments, and 2 percent of small establishments, that perform
ornamental shrub and tree services are involved in line-clearance tree
trimming covered by Sec. 1910.269 (79 FR 20564). Thus, the 2014
analysis did not account for a large percentage of establishments that
perform ornamental shrub and tree care services, even though, in all
likelihood, the majority, if not all, of these establishments perform
at least some work meeting the definition of line-clearance tree
trimming.
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\9\ This number is the document ID for "Preparation of an
Economic Impact Study for the Proposed OSHA Regulation Covering
Electric Power Generation, Transmission, and Distribution," a
report prepared by Eastern Research Group, Inc. that formed the
basis for OSHA's economic analysis for the 1994 final rule. This
document is available at http://www.regulations.gov.
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Thus, OSHA concludes that the language in the existing standards
does not accurately convey the Agency's intent with respect to tree-
trimming activities that meet the definition of "line-clearance tree
trimming," but that are not directly associated with electric power
generation, transmission, or distribution lines or equipment.
Subpart S coverage of work by qualified employees that is near, but
not on or directly associated with, electric power generation,
transmission, or distribution installations. Paragraph (a) of Sec.
1910.331 describes work by both qualified and unqualified persons that
is covered by the electrical safety-related work practices at
Sec. Sec. 1910.331 through 1910.335. Paragraph (b) of Sec. 1910.331
states that the electrical safety-related work practices at Sec. Sec.
1910.331 through 1910.335 apply to work performed by unqualified
persons on, near, or with certain installations (including electric
power generation, transmission, and distribution installations) listed
in Sec. 1910.331(c)(1) through (c)(4). And the introductory text to
Sec. 1910.331(c) states that the electrical safety-related work
practices at Sec. Sec. 1910.331 through 1910.335 do not apply to work
performed by qualified persons on or directly associated with the
installations (including electric power generation, transmission, and
distribution installations) listed in Sec. 1910.331(c)(1) through
(c)(4). Section 1910.331 does not state explicitly that the electrical
safety-related work practices in subpart S do apply to work performed
by qualified persons near, but not on or directly associated with,
electric power generation, transmission, and distribution
installations, although other parts of the standard make clear that
OSHA intended to cover this type of work in subpart S. For example,
Sec. 1910.333(c)(3)(ii) contains requirements for qualified persons
working in the vicinity of overhead lines. As virtually all overhead
lines at the voltages addressed by this provision \10\ are electric
power generation, transmission, or distribution lines, it is evident
that OSHA intended to cover work by qualified persons performed near,
but not on or directly associated with, electric power generation,
transmission, or distribution installations.
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\10\ Paragraph (c)(3)(ii) of Sec. 1910.333 generally requires
qualified persons to maintain the minimum approach distances shown
in Table S-5 from overhead lines. Table S-5 lists approach distances
for various voltages up to 140 kilovolts. The highest voltage on
electric utilization systems (which are covered by subpart S as
indicated in Notes 1 and 2 to Sec. 1910.331(c)(1)) is generally
about 4 kilovolts.
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Therefore, OSHA concludes that the scope provisions in Sec.
1910.331 do not accurately explain the applicability of the electrical
safety-related work practices at Sec. Sec. 1910.331 through 1910.335
to qualified persons performing work near, but not on or directly
associated with, the installations listed in Sec. 1910.331(c)(1)
through (c)(4), including electric power generation, transmission, and
distribution installations.
Description of Correcting Amendment
To clarify what work is covered by the general industry standards
on electric power generation, transmission, and distribution work and
on electrical safety-related work practices, OSHA is taking the
following actions:
1. Expressly limiting the scope of Sec. 1910.269 as it relates to
line-clearance tree trimming by revising Sec. 1910.269(a)(1)(i)(E) to
state explicitly that the standard applies to line-clearance tree
trimming only to the extent it is performed for the purpose of clearing
space around electric power generation, transmission, or distribution
lines or equipment and on behalf of an organization that operates, or
that controls the operating procedures for, those lines or equipment.
2. Adding a note to the definition of "line-clearance tree
trimming" in Sec. 1910.269(x), with corresponding revisions to Note 2
to the definition of "line-clearance tree trimmer," to explain that:
(1) The scope of Sec. 1910.269 limits the application of the standard
to line-clearance tree trimming as noted in Sec. 1910.269(a)(1)(i)(E);
and (2) tree trimming that is performed on behalf of a homeowner or
commercial entity other than an organization that operates, or that
controls the operating procedures for, electric power generation,
transmission, or distribution lines or equipment, or that is not for
the purpose of clearing space around electric power generation,
transmission, or distribution lines or equipment, is not directly
associated with an electric power generation, transmission, or
distribution installation and is not covered by Sec. 1910.269.
3. Revising Appendix A-3 to Sec. 1910.269 to reflect the
clarifications in this correcting amendment.\11\
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\11\ In addition, OSHA is moving the note referring to
requirements for manholes and underground vaults at the bottom of
Appendix A-3 to Appendix A-5 (relating to enclosed spaces), which is
the appendix to which that note applies.
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4. Replacing terms such as "line-clearance tree-trimming
operations" and "line-clearance tree-trimming work" wherever they
appear in Sec. 1910.269 and subpart V of part 1926 with "line-
clearance tree trimming" and revising Sec. 1926.950(a)(3) to
correspond to the changes to Sec. 1910.269(a)(1)(i)(E), noted
earlier.\12\
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\12\ Specifically, OSHA is revising relevant language in Sec.
1926.950(a)(3) to reflect that Sec. 1910.269 applies to line-
clearance tree trimming only to the extent it is performed for the
purpose of clearing space around electric power generation,
transmission, or distribution lines or equipment and on behalf of an
organization that operates, or that controls the operating
procedures for, those lines or equipment.
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5. Referencing the scope of Sec. 1910.269 in Note 3 to Sec.
1910.331(c)(1).
6. In Sec. 1910.331(b), adding language clarifying that the
electrical safety-related work practices in subpart S cover qualified
persons performing work near, but not on or directly associated with,
installations listed in Sec. 1910.331(c)(1) through (c)(4).
OSHA is also correcting minor errors in Table R-6 of Sec. 1910.269
and in Table V-5 of subpart V of part 1926. Table R-3 of Sec. 1910.269
and Table V-2 of subpart V, which contain equations for employers to
use to establish minimum approach distances from energized parts of
electric circuits, set the minimum approach distance for 50 to 300
volts as "avoid contact." Using the equations in Table R-3 and Table
V-2, Table R-6 and Table V-5 provide default minimum approach distances
for voltage ranges up to 72.5 kilovolts. The latter two tables
erroneously list the first voltage range as 0.50 to 0.300 kilovolts.
The correct voltage range is 0.050 to 0.300 kilovolts. In addition, the
word "to" is missing between the voltages in the first voltage range
in Table V-5. Accordingly, OSHA is correcting Table R-6 and Table V-5
in this document.
Exemption From Notice-and-Comment Procedures
OSHA determined that this correcting amendment is not subject to
the requirements and procedures for public notice and comment specified
in the Administrative Procedure Act (5 U.S.C. 553(b)) and the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655). See 29 CFR
1911.5 (Minor changes in standards). This action does not affect or
change any existing rights or obligations, and no interested party is
likely to object to the minor amendments being made to 29 CFR 1910.269,
29 CFR 1910.331, or 29 CFR part 1926, subpart V. Therefore, the Agency
finds good cause for foregoing public notice and comment.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC 20210, authorized the preparation
of this document.
This action is taken pursuant to sections 3704 et seq., Public Law
107-217, 116 STAT. 1062, (40 U.S.C. 3704 et seq.); sections 4, 6, and
8, Public Law 91-596, 84 STAT. 1590 (29 U.S.C. 653, 655, 657),
Secretary of Labor's Order No. 1-2012 (77 FR 3912 (Jan. 25, 2012)), and
29 CFR part 1911.
Signed at Washington, DC, on September 28, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
The Occupational Safety and Health Administration amends parts 1910
and 1926 of title 29 of the Code of Federal Regulations as follows:
PART 1910--[AMENDED]
Subpart R--Special Industries
0
1. The authority citation for subpart R of part 1910 continues to read
as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR 31159), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.
* * * * *
0
2. Amend Sec. 1910.269 by:
0
a. Removing the terms "line-clearance tree-trimming operations,"
"line-clearance tree trimming operations," "line-clearance tree-
trimming work," and "line-clearance tree trimming work" in
paragraphs (a)(1)(i)(E) introductory text, (a)(1)(i)(E)(1) and (2),
(a)(1)(ii)(A), (b)(1)(i), (r) subject heading and introductory text,
(r)(1)(vi), and in the Note to paragraph (r)(1)(vi), and adding, in
their place the term "line-clearance tree trimming";
0
b. Revising paragraph (a)(1)(i)(E);
0
c. In Table R-6, first entry, removing "0.50" and adding in its place
"0.050";
0
d. Revising paragraph (r) introductory text;
0
e. In paragraph (x), revising Note 2 to the definition of "line-
clearance tree trimmer" and adding a note to the definition of "line-
clearance tree trimming"; and
0
f. Revising appendices A-3 and A-5.
The revisions and addition read as follows:
Sec. 1910.269 Electric power generation, transmission, and
distribution.
(a) * * *
(1) * * *
(i) * * *
(E) Line-clearance tree trimming performed for the purpose of
clearing space around electric power generation, transmission, or
distribution lines or equipment and on behalf of an organization that
operates, or that controls the operating procedures for, those lines or
equipment, as follows:
(1) Entire Sec. 1910.269, except paragraph (r)(1) of this section,
applies to line-clearance tree trimming covered by the introductory
text to paragraph (a)(1)(i)(E) of the section when performed by
qualified employees (those who are knowledgeable in the construction
and operation of the electric power generation, transmission, or
distribution equipment involved, along with the associated hazards).
(2) Paragraphs (a)(2), (a)(3), (b), (c), (g), (k), (p), and (r) of
this section apply to line-clearance tree trimming covered by the
introductory text to paragraph (a)(1)(i)(E) of this section when
performed by line-clearance tree trimmers who are not qualified
employees.
* * * * *
(r) Line-clearance tree trimming. This paragraph provides
additional requirements for line-clearance tree trimming and for
equipment used in this type of work.
* * * * *
(x) * * *
Line-clearance tree trimmer. * * *
Note 2 to the definition of "line-clearance tree trimmer": A
line-clearance tree trimmer is not considered to be a "qualified
employee" under this section unless he or she has the training
required for a qualified employee under paragraph (a)(2)(ii) of this
section. However, under the electrical safety-related work practices
standard in Subpart S of this part, a line-clearance tree trimmer is
considered to be a "qualified employee." Tree trimming performed
by such "qualified employees" is not subject to the electrical
safety-related work practice requirements contained in Sec. Sec.
1910.331 through 1910.335 when it is directly associated with
electric power generation, transmission, or distribution lines or
equipment. (See Sec. 1910.331 for requirements on the applicability
of the electrical safety-related work practice requirements
contained in Sec. Sec. 1910.331 through 1910.335 to line-clearance
tree trimming performed by such "qualified employees," and see the
note following Sec. 1910.332(b)(3) for information regarding the
training an employee must have to be considered a qualified employee
under Sec. Sec. 1910.331 through 1910.335.)
Line-clearance tree trimming. * * *
Note to the definition of "line-clearance tree trimming":
This section applies only to line-clearance tree trimming performed
for the purpose of clearing space around electric power generation,
transmission, or distribution lines or equipment and on behalf of an
organization that operates, or that controls the operating
procedures for, those lines or equipment. See paragraph (a)(1) of
this section. Tree trimming performed on behalf of a homeowner or
commercial entity other than an organization that operates, or that
controls the operating procedures for, electric power generation,
transmission, or distribution lines or equipment is not directly
associated with an electric power generation, transmission, or
distribution installation and is outside the scope of this section.
In addition, tree trimming that is not for the purpose of clearing
space around electric power generation, transmission, or
distribution lines or equipment is not directly associated with an
electric power generation, transmission, or distribution
installation and is outside the scope of this section. Such tree
trimming may be covered by other applicable standards. See, for
example, Sec. Sec. 1910.268 and 1910.331 through 1910.335.
* * * * *
[GRAPHIC] [TIFF OMITTED] TR05OC15.000
[GRAPHIC] [TIFF OMITTED] TR05OC15.001
Subpart S--Electrical
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3. The authority citation for subpart S of part 1910 continues to read
as follows:
Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 8-76 (41 FR 25059), 1-90 (55 FR 9033), 5-2002 (67 FR 65008), 5-
2007 (72 FR 31160), or 1-2012 (77 FR 3912), as applicable; and 29
CFR part 1911.
* * * * *
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4. Amend Sec. 1910.331 by revising paragraph (b) and Note 3 to
paragraph (c)(1) to read as follows:
Sec. 1910.331 Scope.
* * * * *
(b) Other covered work. The provisions of Sec. Sec. 1910.331
through 1910.335 also cover:
(1) Work performed by unqualified persons on, near, or with the
installations listed in paragraphs (c)(1) through (4) of this section;
and
(2) Work performed by qualified persons near the installations
listed in paragraphs (c)(1) through (c)(4) of this section when that
work is not on or directly associated with those installations.
(c) * * *
(1) * * *
Note 3 to paragraph (c)(1): Work on or directly associated with
generation, transmission, or distribution installations includes:
(1) Work performed directly on such installations, such as
repairing overhead or underground distribution lines or repairing a
feed-water pump for the boiler in a generating plant.
(2) Work directly associated with such installations, such as
line-clearance tree trimming and replacing utility poles, when that
work is covered by Sec. 1910.269 (see Sec. 1910.269(a)(1)(i)(D)
and (E) and the definition of "line-clearance tree trimming" in
Sec. 1910.269(x)).
(3) Work on electric utilization circuits in a generating plant
provided that:
(A) Such circuits are commingled with installations of power
generation equipment or circuits, and
(B) The generation equipment or circuits present greater
electrical hazards than those posed by the utilization equipment or
circuits (such as exposure to higher voltages or lack of overcurrent
protection).
This work is covered by Sec. 1910.269.
* * * * *
PART 1926--[AMENDED]
Subpart V--Electric power transmission and distribution
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5. The authority citation for subpart V of part 1926 continues to read
as follows:
Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 1-2012 (77 FR 3912); and 29 CFR part
1911.
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6. In Sec. 1926.950, revise paragraph (a)(3) to read as follows:
Sec. 1926.950 General.
(a) * * *
(3) Applicable part 1910 requirements. (i) Line-clearance tree
trimming performed for the purpose of clearing space around electric
power generation, transmission, or distribution lines or equipment and
on behalf of an organization that operates, or that controls the
operating procedures for, those lines or equipment shall comply with
Sec. 1910.269 of this chapter.
(ii) Work involving electric power generation installations shall
comply with Sec. 1910.269 of this chapter.
* * * * *
Sec. 1926.960 [Amended]
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7. In Sec. 1926.960, in Table V-5, first entry, remove "0.50" and
add in its place "0.050 to".
[FR Doc. 2015-25062 Filed 10-2-15; 8:45 am]
BILLING CODE 4510-26-P
