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 https://www.osha.gov.

SEP 7 1990

George S. Kennedy
Director of Safety
National Utility
Contractors Association
1235 Jefferson Davis Highway,
Suite 606
Arlington, Virginia 22202-3283

Dear Mr. Kennedy:

This is in response to your letter of August 28, inquiring whether 29 CFR 1910, Subpart S, applies to the construction industry and, if so, what sections would apply.

The new Electrical Safety - Related Work Practices, final rule, 29 CFR 1910, Subpart S, does not specifically address the construction industry. However, since the regulations of the Occupational Safety and Health Administration (OSHA) are minimum requirements, employers are encouraged to abide by all applicable safety and health guidance. In that regard, the following provisions of the new rule are recommended to construction industry employers for their consideration: 29 CFR 1910.333(c)(2) and (c)(10); 29 CFR 1910.334(a)(1), (a)(2)(iii), (a)(5), (b)(1), (b)(2), (c) and (d). Additionally, construction industry employers are encouraged to comply with the specific provisions at 29 CFR 1910.332 through 29 CFR 1910.335 where 29 CFR 1926 contains only broad, general requirements.

At some future time, it is anticipated that the Advisory Committee on Construction Safety and Health (ACCSH) may recommend that these new regulations should, in part,, be made applicable to the construction industry. In that event, OSHA will seriously consider their recommendation. Should that occur, OSHA could determine that it would be desirable to incorporate this general industry standard for application in the construction industry, or could promulgate a parallel standard at 29 CFR 1926.

Thank you for your obvious interest in occupational safety and health.


Gerald P. Reidy, Director
Office of Construction
and Maritime Compliance Assistance

CMCA:Bode:jrw:9/5/90 [Disk 3, Kennedy.Con] cc:Reidy/Bode/Chron