Arc Flash & Shock Hazards - Due Diligence to OSHA & OHS Regulations

I have often been asked "we have provided training several years ago, we purchased arc flash & shock PPE, and we paid for an "arc flash hazard study" and we installed the recommended arc flash & equipment labels, isn't that all we need to do?"

Under OSHA and OHS Regulations the regulator expects that appropriate due diligence has been implemented. What does appropriate due diligence mean? Just providing training once, 3, 4, or 5+ years ago for example would not be appropriate due diligence.

Searching online Wikipedia provides the following definition:

"Due diligence is the investigation or exercise of care that a reasonable business or person is expected to take before entering into an agreement or contract with another party, or an act with a certain standard of care."

In the quote above it includes the word reasonable "having fair judgement, fair and sensible."

Due diligence is risk based. Greater oversight would be required where there is a greater likelihood of potential injury or damage to health. You most likely would be held accountable to the standard set by other companies in your industry.

In occupational health & safety the following should be demonstrated by the employer (e.g. management), supervisors, prime contractors to demonstrate due diligence:

1. There was foreseeable recognition of potential injury or damage to health to employees or contractors from shock and/or arc flash? Work task based assessments for a Job are completed to identify if there is exposure. Risk assessments are completed and documented for the individual work tasks.

2. The employer developed a management system (e.g. Electrical Safety Program) specific for shock and arc flash hazard management to prevent the potential injury or damage to health from occurring.

3. The employer took reasonable steps to ensure the management system (e.g. Electrical Safety Program) they implemented was working (e.g. the employer had audits or assessments completed by a third party electrical safety SME, following an OHS audit process).

4. The employer provided "effective training" ensuring they pre-qualified the company/consultant they hired to ensure the training content was appropriate and compliant. They reviewed the training course overview and ensured it provided content that was complaint to the requirements of CSA Z462 or NFPA 70E. A formal test was provided to the students. Exercises were provided focusing on field based application of the knowledge.

5. The employer provided specific direction and instructions to employees and contractors that would be exposed to shock and/or arc flash hazards. The ESP included policies and practices that would be applied to an assigned Job, planned or reactive. The Qualified Electrical Worker (QEW) would identify for a specific work task(s) related to executing the assigned Job if they were exposed to shock and/or arc flash. An "Energized Electrical Job Work Flow" diagram could be provided to the QEW as a visual aid

6. The employer provided information to the QEW, specifically the employer provided training on the specific requirements (e.g. policies, practices, procedures, PPE procured, ERP requirements, etc..) of the employer's Electrical Safety Program. Information was posted in the Electrical Shop or Electrical Rooms.

7. The employer should be monitoring the effective application on the management system (e.g. Electrical Safety Program) to ensure it is working, and sustainable. For example are the expected Hierarchy of Risk Control Methods the employer provided to the QEW actually been applied in the field to achieve the expected residual risk level? OHSMS Standards and related practice provide the tools the employer can use to monitor: observations, monitoring near miss reports, testing of employees, inspections of Electrical Rooms (e.g. use a checklist, make it a monthly PM), formal Internal Electrical Safety Audits or bring in a third party Electrical Safety SME to complete an External Electrical Safety Audit. How many EEWPs for issued in the last 12 months, and why?

Effective due diligence will only really be measured if your company experiences an electrical incident where there is a significant injury and an OSHA or OHS Officer is onsite completing an investigation. This is obviously not the desired method to "test" your company's due diligence for shock and arc flash hazards. Be proactive in electrical safety, follow a continuous improvement model: PLAN, DO, CHECK, ACT. The information provided above provides a detailed, comprehensive approach to due diligence that I have been promoting since 2007 that is required.

If you are interested in discussing this Article and require any of the listed elements of due diligence above, please email me at [email protected] or call me at 1-587-433-3777.