Approval and grounding of electric construction tools

January 28, 1994

Mr. Paul Weiss
Regional Sales Manager
Wyco Tool Company
[Recipient address omitted]
Dear Mr. Weiss:

This is in response to your December 7 letter requesting an interpretation of Occupational Safety and Health Administration (OSHA) standards addressing hand tools used in construction.

With regard to whether all electric tools need to be tested by a qualified national testing laboratory and be listed and labeled, please be advised that 29 CFR 1926.403(a) requires all electric equipment, including double insulated and grounded hand tools, to be approved. OSHA defines "approved" at 1926.449 as being accepted, or certified, or listed, or labeled, or otherwise determined to be safe by a qualified testing laboratory.

With regard to the provisions addressing the grounding of electric hand tools, please be advised that 1926.302(a) requires that an electric hand tool be either double insulated or be equipped with a grounding conductor with a three-prong plug in accordance with Subpart K of part 1926. Therefore, a non-grounded, double-insulated electric hand tool with associated two-prong plug which has been listed by a nationally recognized testing laboratory would comply with 1926.302(a) and 1926.403(a).

If we can be of any further assistance, please contact me or Mr. Dale Cavanaugh at (202) 219-8136.

Sincerely,
Roy F. Gurnham, P.E., J.D.
Director
Office of Construction and Maritime
Compliance Assistance

[Requester letter reproduced on OSHA page; omitted here.]