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Approval of electrical equipment under construction standards

Summary OSHA clarified the approval requirement for electrical equipment in its construction standards. It said the wording differed from the general industry rule without intending to expand testing requirements, and instructed compliance staff to consider local electrical-code authorities for equipment types not historically laboratory tested. OSHA now archives the memo as potentially outdated.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1987-09-24
Date issued
September 24, 1987
Status
Archived by the agency
OSHA archives this memorandum and says it may no longer represent OSHA policy.
Status last verified October 10, 2026

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OSHA archives this memorandum and says it may no longer represent OSHA policy. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

September 24, 1987

MEMORANDUM FOR: ALL REGIONAL ADMINISTRATORS

FROM: THOMAS J. SHEPICH, Director
Directorate of Compliance Programs

THRU: LEO CAREY, Director
Office of Field Programs

SUBJECT: Clarification of 29 CFR 1926.403(a)

In the revised Subpart K, Electrical Standards for Construction the language of the requirement for approval in 1926.403(a) differs from the wording given in Subpart S, Electrical Standards for General Industry, 1910.303(a). However, while different language was used in Subpart K, no difference in the implementation of the requirement was intended.

In both standards, Subpart K and Subpart S, the definition of "approved" leads to the definition of "acceptable," which provides for acceptance of electric equipment based in testing by a laboratory (among other means of acceptance). The Subpart K requirement for approval is not intended to expand equipment testing beyond what has taken place under Subpart S.

In determining the acceptability of electric equipment that is of a type that has not historically been tested by a "qualified electrical testing laboratory," OSHA compliance staff must consider the decisions of local authorities responsible for enforcing the National Electrical Code.

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