Provides that employers shall insure that each employee working on or near electrical lines or equipment is equipped with OSHA compliant insulated tools

Most workers are unaware of the existence of the regulations and of those that know of them they believe the regulations do not apply to them. This belief is centered around the designation of 1000 volt rated on the tools which many believe are needed only if you are working on or near 1000 volts. The reality is that very low voltages can injure and kill. An auto worker, in another state, was killed when working on a 110 volt sign when his un-insulated tool crossed over. The current went down his arm, across his chest and stopped his heart. Attached are fatalities by region from 1991 through 1995. During this time period 1,221 deaths were recorded as a result of electrical shock in the work place.

Many employers who know of the OSHA regulations instruct their workers to turn off the power before working. The reality is that the power is not turned off and the workers are working live. The employers know this but use their internal rules to get around the requirement to use insulated tools. Additionally, there are many instances were the power has been turned off, but not locked out and tagged out, and is then accidentally turned on while someone is working. The result is injury or death.

The intent of the current OSHA regulations is to minimize injuries and death by requiring workers to wear protective equipment and to minimize the chance of an accident through the use of insulated tools. Many electricians try to shut the current off whenever practical before working but this is not practical in many instances such as hospitals, stores during working hours, working on traffic signals, etc. Current is also not turned off due to laziness in many cases. As a result of the need to work live and the fact that many electricians work live even when they should not there is a need to mandate the use of 1000 volt rated tools to prevent needless injuries and death. Given the above, workers have a need to carry and use 1000 volt rated tools. Of those individuals and companies that are in compliance with the OSHA regulations the solution, in many cases, has been to supply sets

of tools for covered workers. In the long run this is the most cost effective or practical approach.

Some approach the problem by carrying two sets of tools, one for live work and another set for work on dead circuits. This is not practical in most cases because of the weight involved. A single tool pouch containing regular tools can weigh from 15 lb. to 70 lb. The idea of carrying two sets of tools does not work. Most often the rated tools are left behind but close at hand in the event of an OSHA inspection. The only real solution to the problem is to require the use of 1000 volt rated tools whenever anyone is working on any electrical apparatus, lines, circuits, machines or equipment that is powered or supplied with an electric current regardless of the current involved.

Advantages to the employer are lower worker compensation rates, less lost time injuries, reduced risk in the event of an injury or death, lower liability insurance costs and OSHA compliance.

The primary objection to the above from employers and workers would center around the initial cost. Under the current OSHA regulations the employer is 100% responsible to see that his/her employees have the tools and are using them and the employer must periodically inspect the tools to make sure they are safe. The employer is not required to purchase 1000 volt rated tools under the OSHA regulations. The cost to the employer to purchase the first set of tools would range from $250 to $1,000 per covered employee. In most work situations the number of affected employees is less than 3. For electrical contractors, utilities and large manufacturers there would be a significant cost but no greater than the cost of litigation and settlement in the event one of their employees is injured or killed.

In many instances employers set aside funds for a tool allowance and even have cost sharing arrangements for employees, that are required to use specialized tools. The IBEW has taken the position that 1000 volt rated tools should be supplied by the employer because their contract requires employers to supply specialty tools. The IBEW looks on 1000 volt rated tools as specialty tools.

The preliminary assessment by OSHA is that one worker is killed every day of the year in the United States through electrocution and that many of these individuals would have been saved if they were using 1000 volt rated tools.

Prior legislative history

2008: A1916 Referred to Labor; 2007: A3612 Referred to Labor, 2004: Died in Codes; 2001: A.01371 - Referred to Labor

Fiscal implications

None.

Effective date

This act shall take effect immediately.