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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.
October 13, 2011
Charles Kelly, Director
Industry Human Resource Issues
Edison Electric Institute
701 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
Dear Mr. Kelly:
On October 6, 2010, Edison Electric Institute (EEI) filed a Petition of Review in EEI vs. the Occupational Safety and Health Administration and Secretary of Labor (OSHA), No. 10-1311 (D.C. Circuit)challenging various aspects of OSHA's final rule, Cranes and Derricks in Construction (Subpart CC). EEI and OSHA entered a settlement agreement, dated August 22, 2011, in which OSHA agreed to clarify the two Subpart CC requirements below in a letter of interpretation. This letter fulfills that obligation.
(1) 29 CFR §1926.1407(e) states:
Voltage information. Where Option (3) of this section is used, the utility owner/operator of the power lines must provide the requested voltage information within two working days of the employer's request.
Thus, §1926.1407(e) allows a utility owner/operator two working days to provide the requested information. For the purposes of this provision, working days include all calendar days except weekends and holidays. See 75 Fed. Reg. 47951 (Aug. 9, 2010). For example, if an electric utility receives a request for voltage information on one of its distribution lines on a Friday, it will have until the end of the business day on the following Tuesday to provide the necessary information (assuming there are no holidays in between).
(2) The provisions of §1926.1408 (Power Line Safety) allow deenergization as one option for employee protection from electrical hazards of power lines. Employers choosing this option must not proceed with this option if the electric utility does not de-energize the power line, but Subpart CC does not require utility companies to deenergize power lines.
James G. Maddux, Director
Directorate of Construction
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