- Standard Number:1926.401(j)(2)
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.
July 17, 1980
Mr. J. E. Ericson
Ericson Manufacturing Company
P. O. Box 805
4215 Hamann Parkway
Willoughby, Ohio 44094
Dear Mr. Ericson:
This is in response to your letter regarding another manufacturer's string lights for temporary lighting. Please accept our apology for the delay in response.
In answer to your request in your second paragraph for our opinion, the application intent of 29 CFR 1926.401(j)(2) is, in fact, for portable hand-held type lamps, and not for the general type lighting used-during construction. Temporary lighting for construction is to conform to the requirements of the NEC Article 305, Temporary Wiring.
In answer to the points raised in your third and fourth paragraphs, Article 305 of the 1971 NEC allows temporary branch circuits to be run as open wiring. It also allows temporary wiring to be of a class less than permanent wiring. Although Article 320 applies to open wiring, provisions relating to permanent installations obviously cannot strictly apply to temporary ones. For example, the conductors would not be required to be rigidly supported by knobs in a temporary installation; however, they would have to be supported by insulating material (Section 320-5(a)).
If installed as the manufacturer intended, the equipment in the advertisement can meet the intent of Articles 305 and 320. A messenger supports the lamp which in turn supports the conductors by insulating ears. As long as other requirements pertinent to a temporary installation are met, the installation of this type of temporary lighting would appear to be in compliance with the NEC and OSHA's regulations.
Should you have any further questions, please feel free to call or write.
Federal Compliance and State Programs