Virginia Regulatory Town Hall
Department of Labor and Industry
Safety and Health Codes Board
Federal Identical General Industry Standards [16 VAC 25 ‑ 90]
Chapter is Exempt from Article 2 of the Administrative Process Act
Action is Exempt from Article 2 of the Administrative Process Act
Electric Power Generation, Transmission, and Distribution and Electric Protective Equipment, Parts 1
Action 4203
General Information
Action Summary Federal OSHA adopted a new Construction Industry standard on electrical protective equipment, §1926.97, and revised the standard on the construction of electric power transmission and distribution lines and equipment, Part 1926, Subpart V. Federal OSHA also revised the General Industry counterparts to these two Construction Industry standards, §§ 1910.137 and 1910.269, respectively. Finally, federal OSHA revised its General Industry standard on foot protection, §1910.136, to require employers to ensure that each affected employee uses protective footwear when the use of protective footwear will protect the affected employee from an electrical hazard, such as a static-discharge or electric-shock hazard, that remains after the employer takes other necessary protective measures. These revisions make the Construction Industry standard more consistent with the General Industry standard. The final rules for General Industry and the Construction Industry include new or revised provisions on host employers and contractors, training, job briefings, fall protection, insulation and working position of employees working on or near live parts, minimum approach distances, protection form electric arcs, deenergizing transmission and distribution lines and equipment, protective grounding, operating mechanical equipment near overhead power lines, and working in manholes and vaults. The new provisions on host employers and contractors include requirements for host employers and contract employers to exchange information on hazards and on the conditions, characteristics, design, and operation of the host employer’s installation. These new provisions also include a requirement for host employers and contract employers to coordinate their work rules and procedures to protect all employees. [79 FR 20317] The new standard also revises the General Industry and Construction Industry standards for electrical protective equipment. The new standard for electrical protective equipment, which matches the corresponding General Industry standard, applies to all Construction Industry work and replaces the incorporation of out-of-date consensus standards with a set of performance-oriented requirements that is consistent with the latest revisions of the relevant consensus standards. The final Construction Industry rule also includes new requirements for the safe use and care of electrical protective equipment to complement the equipment design provisions. Both the General Industry and Construction Industry standards for electrical protective equipment will include new requirements for equipment made of materials other than rubber. Like federal OSHA, VOSH seeks to use the same delayed compliance deadlines as the federal date schedule for the phased-in period for this final rule. The additional time granted to employers will serve to reduce the transitional costs associated with the final rule. Federal OSHA has also included numerous comparable appendices in §1910.269 and in Subpart V of Part 1926 of the final rule. Among other things, these comparable appendices provide the following: • Information relating to the determination of appropriate minimum approach distances; • Information on the inspection and testing of wood poles; • Guidance on the selection of protective clothing and other protective equipment for employees exposed to flames or electric arcs; • Tables for estimating incident-energy levels based on voltage, fault current, and clearing times; and • References to additional sources of information that supplement the requirements of Subpart V. The new federal final rule for Electric Power Generation, Transmission, and Distribution and Electrical Protective Equipment now provides comprehensive and uniform levels of worker protections across industries that previously were lacking in this standard and were addressed by the Board in 2004 through the adoption of the following Virginia Unique regulation: 16VAC25-155, General Requirements for Clearances, Construction of Electric Transmission and Distribution Lines and Equipment, Construction Industry – Subpart V (1926.950 (c)(1)(i)). Since this Virginia Unique regulation is no longer necessary, it should be repealed should the Board choose to adopt the new federal final rule.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Code of Virginia Section 2.2-4006.A.4.a
RIS Project Yes  [004104]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7000 Final Stage complete. This regulation became effective on 09/01/2014.
Contact Information
Name / Title: Cristin Bernhardt  / Regulatory Coordinator / Staff Attorney
Address: Main Street Centre
600 East Main Street
Richmond, VA 23219
Email Address:
Phone: (804)786-2392    FAX: (804)786-2641    TDD: ()-

This person is the primary contact for this agency.