Citation

White J. Occup. Health Safety 2008; 77(11): 58-60.

Affiliation

Shermco Industries Inc., USA.

Copyright

(Copyright © 2008, Stevens Publishing)

DOI

unavailable

PMID

19025196

Abstract

Because safety is related to electrical power systems maintenance, it seems reasonable to assume there could be legal issues if maintenance is not performed. OSHA has not yet taken the stand that not performing maintenance as required by the manufacturer, NFPA 70B, or ANSI/NETA MTS-07 constitutes a willful violation. OSHA defines a willful citation as one where:"the employer knowingly commits with plain indifference to the law. The employer either knows that what he or she is doing constitutes a violation, or is aware that a hazardous condition existed and made no reasonable effort to eliminate it". However, NFPA 70E 2009 requires this maintenance, and OSHA has stated on its Web site that NFPA 70E is"a guide for meeting the requirements of the OSHA electrical regulations". In addition, federal courts have found that NFPA 70E is"standard industry practice."Once a company receives and accepts a willful citation, especially if received as the result of an accident investigation, its worker's compensation protection no longer shields it. One definition given by a trial attorney for a willful citation was that it is equal to negligent behavior. Be smart: Maintain that equipment and save yourself major problems, including unscheduled shutdowns and possible litigation.

Language: en