Standard Interpretations - Table of Contents|
| Standard Number:||1926.404(b); 1926.404(b)(1); 1926.404(b)(1)(i); 1926.404(b)(1)(ii); 1926.404(b)(1)(iii)|
|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.|
Branch circuits -- (1) Ground-fault protection -- (i) General. The employer shall use either ground fault circuit interrupters as specified in paragraph (b)(1)(ii) of this section or an assured equipment grounding conductor program ["AEGCP"] as specified in paragraph (b)(1)(iii) of this section to protect employees on construction sites. These requirements are in addition to any other requirements for equipment conductors. [Emphasis added.]Therefore, under paragraph (b)(1)(i), the employer is required to provide ground fault protection -- either by the use of ground fault circuit interrupters (GFCIs) or by the use of an assured equipment grounding conductor program.
* * * ...an employer may choose one method of protection or the other on the basis of several factors. The individual employer may choose on the basis of cost; if his local jurisdiction already requires GFCI's, he may choose GFCI's; if he is one employer of many on a construction site, the availability of alternatives gives him flexibility to coordinate compliance.This discussion reflects an intent that the term "employer" as used in §1926.404(b)(1), when applied in the context of a construction site with multiple employers, includes each individual employer/subcontractor.2 The Agency did not intend to require that one electrical subcontractor provide one manner of protection to each and every one of the user/subcontractors. Rather, with respect to each employer/subcontractor on the site that has exposed employees, each would be obligated to ensure that one of the options in §1926.404(b)(1) is in "use."
|Standard Interpretations - Table of Contents|
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