29 C.F.R. § 1926.402

Applicability

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(a) Covered. Sections 1926.402 through 1926.408 contain installation safety requirements for electrical equipment and installations used to provide electric power and light at the jobsite. These sections apply to installations, both temporary and permanent, used on the jobsite; but these sections do not apply to existing permanent installations that were in place before the construction activity commenced.

Note:

If the electrical installation is made in accordance with the National Electrical Code ANSI/NFPA 70-1984, exclusive of Formal Interpretations and Tentative Interim Amendments, it will be deemed to be in compliance with §§ 1926.403 through 1926.408, except for §§ 1926.404(b)(1) and 1926.405(a)(2)(ii) (E), (F), (G), and (J).

(b) Not covered. Sections 1926.402 through 1926.408 do not cover installations used for the generation, transmission, and distribution of electric energy, including related communication, metering, control, and transformation installations. (However, these regulations do cover portable and vehicle-mounted generators used to provide power for equipment used at the jobsite.) See subpart V of this part for the construction of power distribution and transmission lines.

Notes of Decisions

Cited in 3 cases, 1988–1995 · leading case: Brooks v. Rebarco, Inc., 372 S.E.2d 342 (N.C. Ct. App. 1988).

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Brooks v. Rebarco, Inc., 372 S.E.2d 342 (N.C. Ct. App. 1988). · cites it 3× “violation of 29 CFR 1926.402(a)(4); and 4. Whether the decision of the Board is arbitrary and capricious.”

Edison Elec. Inst. v. Occupational Saf. & Health Admin., 849 F.2d 611 (D.C. Cir. 1988). · cites it 3× “EEI, an association of investor-owned electric utilities, challenges three separate provisions of revised Subpart K as applied to the electric utility industry, namely, 29 C.F.R. § 1926.402 (b) (1987), limiting the scope of Subpart K; 29 C.”

McAdams v. La. Power & Light Co., 659 So. 2d 820 (La. Ct. App. 1995). “29 C.F.R. § 1926.402 (a). In addition, Statewide was not required to exercise the heightened level of care required of utility companies, which are in the business of transmitting electricity.”

— 29 C.F.R. § 1926.402(a)(4) — 1 case

Brooks v. Rebarco, Inc., 372 S.E.2d 342 (N.C. Ct. App. 1988). “violation of 29 CFR 1926.402(a)(4); and 4. Whether the decision of the Board is arbitrary and capricious.”

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