OSHA has issued a temporary enforcement policy governing its recently released rule on electric power generation, transmission and distribution installations and electrical protective equipment that sets a revised compliance deadline of October 31, 2014 for some provisions.
In a June 20 memorandum to regional administrators, OSHA said the policy covers general industry standards at 29 CFR 1910.269 and 29 CFR 1910.137(b) and construction industry requirements at 29 CFR 1926.97(b) and Subpart V. The final rule was promulgated April 11.
The new standards were to become effective July 10, with a delayed effective date for some provisions until April 1, 2015, Jackson Lewis attorney Tressi Cordaro wrote in the firm’s OSHA Law Blog posting June 24. However, the memorandum extends the compliance date for all requirements through October 31, 2014.
OSHA has instructed regional administrators not to issue citations from July 10, 2014 through October 31, 2014 to employers under either the updated 1910.269 or 1926, Subpart V standards if they are in compliance with the old requirements of 1910.269.
Employers doing construction work will be considered compliant with the old version of 1910.269 provided they also are in compliance with 29 CFR 1926, Subpart M requirements as they apply to fall protection in aerial lifts.
The policy stipulates that, beginning July 10, any proposed citation for violations of the updated standards are to be submitted for approval through the regional offices to OSHA’s National Office and agency lawyers in the Solicitor’s Office.
OSHA’s temporary enforcement policy also extends to certain requirements under the new electrical protective standards for general industry and construction. Specifically, OSHA will not issue citations under 29 CFR 1910.137(b) or 29 CFR 1926.97(b) until after October 31. Paragraphs (a) and (c) of 1910.137 and 1926.97 go into effect July 10 and are not affected by the temporary enforcement policy.
Cordaro advised that affected general industry and construction employers should make sure they are in compliance with either the updated standards under 1910.269 or Subpart V or with the previous version of 1910.269.