OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
January 9, 1975
Mr. John E. Ware
British Standards Institution
Herts HP 2 4 SQ England
This is in further response to your letter on November 7, 1974, and to Mr. Leicester's letter of October 29, 1974, addressed to Mr. Sil Patti. Mr. Leichester inquired about the possible rewording of two sections in the 1975 revision of the National Electric Code. The wording in section 90-8 is not changed, but it is renumbered 90-6. Section 90-7, renumbered 90-4, is reworded to state:
90-4. Enforcement. This Code is intended to be suitable for mandatory application by governmental bodies exercising legal jurisdiction over electrical installations and for use by insurance inspectors. The authority having jurisdiction of enforcement of the Code will have the responsibility for making interpretations of the rules, for deciding upon the approval of equipment and materials, and for granting the special permission contemplated in a number of the rules.
In industrial establishments and research and testing facilities, the authority having jurisdiction may waive specific requirements in this Code or permit alternate methods, where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety and maintenance procedures.
It is not possible for the Occupational Safety and Health Administration (OSHA) to recognize approvals by other than Underwriters Laboratories (UL) and Factory Mutual Engineering Corporation (FMEC) until regulations are promulgated which will permit accreditation of other laboratories. Mr. Patti's letter explained the current status of the proposed 29 CFR 1907 regulations relative to accreditation of other laboratories.
If I can be of further assistance, please contact me.
John K. Barto,
Chief Division of Occupational