Re: CQD answer published Nov 9, Nov 18, & Nov 24, 2015 -Industrial Control Panels 3
In response to Don Ganiere's response regarding listing of industrial control panels [published Nov 24, 2015] I'd like to comment. I've been a Principal on CMP 11 since 1999 and was there when Alan Manche proposed what is now Art. 409, Industrial Control Panels. I've also had many years of industrial experience with OSHA related compliance issues. It's been my experience that federal OSHA inspectors do not typically require the listing of all industrial control panels. Several years ago I was confronted with this question and contacted our local OSHA enforcement officers. According to them, they usually exercise the General Duty Clause which reads: 29 U.S.C. § 654, 5(a)1: Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."
29 U.S.C. § 654, 5(a)2: Each employer shall comply with occupational safety and health standards promulgated under this act. With as many different variations of custom made control panels as there are it is highly unlikely that each industrial control panel will be listed. Listing by a NRTL is very expensive and not reasonable for most control panels. The only exception may be a standard control panel that is mass produced. This is one of those things that the AHJ should be contacted about before purchasing and installation, if in doubt. But in more cases than not, if the control panel complies with Art. 409 and therefore free from recognized hazards, it will be acceptable to most OSHA inspectors. Just because a control panel is fabricated by a non-NRTL certified shop, or is field fabricated, it doesn't automatically make it an OSHA violation.
Thanks, Eddie Guidry