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.

March 7, 1995

MEMORANDUM FOR: REGIONAL ADMINISTRATORS

FROM:           JOHN B. MILES, JR., DIRECTOR DIRECTORATE OF COMPLIANCE
               PROGRAMS

SUBJECT:        Enforcement of the 29 CFR 1910.269 (Electric Power
               Generation, Transmission, and Distribution) and 1910.137
               (Electrical Protective Equipment) Standards

Negotiations between the Department and the Edison Electric Institute (EEI) concerning the enforcement of the 1910.269 and .137 standards have been completed. These negotiations were the subject of the Federal Register (FR) Notice, Volume 59, Number 125 published on Thursday, June 30, 1994, forwarded to you previously. This notice stayed (until November 1, 1994) the enforcement of some of the requirements contained in the electric power generation standard, corrects language in the preamble explaining the 1910.269(l)(6)(iii) standard and corrects several errors in both of the subject standards published in the FR, Volume 59, Number 20 on Monday, January 31, 1994. As of the date of this memorandum, all provisions, except for the coal- or ash-handling conveyor training requirement at 1910.269(v)(11)(xii) which has a listed effective date of February 1, 1996, are in effect.

With the completion of the aforementioned negotiations, we no longer have a need to review all proposed citations of 1910.269(l)(6)(iii) at the National Office prior to issuance in the field. Please reference the attached fact sheet when addressing 1910.269(l)(6)(iii) issues related to clothing worn by employees exposed to electric arcs or flames.

By this memorandum my previous memorandum for November 28, 1994 is rescinded. If you have any further questions concerning the aforementioned negotiations, please contact Mr. Ronald Davies of my staff, telephone #202-219-8031, extension 110.