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Requirement
to use Ground Fault Circuit Interrupters when using extension
cords plugged into permanent wiring
Question 1: You ask whether ground fault circuit
interrupters (GFCIs) are required if the workers are standing
on dry wood, vinyl tile and other flooring that does not have
a ground path. You specifically reference an OSHA
interpretation dated October 28, 1985, issued by John Miles,
dealing with requirements for Ground Fault Circuit
Interrupters (GFCIs), and ask if that memo continues to be in
effect.
The 1985 memo dealt with 29 CFR 1926.400(h)(2). That provision
has since been moved (without substantive change) and is now
§1926.404(b)(1)(ii). It provides that:
All 120-volt,
single-phase, 15- and 20-ampere receptacle outlets on
construction sites, which are not a part of the permanent
wiring of the building or structure and which are in use by
employees, shall have approved ground-fault circuit
interrupters for personnel protection...
The 1985 memo
The 1985 memo dealt with the issue of whether this provision
required a GFCI if an extension cord were plugged into a
permanent receptacle and powered equipment was, in turn,
plugged into the extension cord. The memo stated that it had
been OSHA's position that the end of the extension cord was a
non-permanent "receptacle" and therefore needed a
GFCI. It went on to explain, however, that due to "a
recent [Occupational Safety and Health Review Commission]
decision, OSHA could only require a GFCI in this circumstance
where the exposed employee was in a location with a ready
grounding path, such as damp or wet locations, outdoor areas,
etc."
Current Policy
The 1985 memo was apparently referencing a decision by an
administrative law judge, not the Review Commission;
administrative law judge decisions do not have precedential
effect. In fact, in 1995, the Review Commission clearly held
in Otis Elevator Co., 17 BNA OSHC 1166 (No. 90-2046,
1995) 1
that the receptacle end of an extension
cord is a non-permanent receptacle under this standard and
that a GFCI is required unless the employer uses an assured
grounding conductor program under 1926.404(b)(1)(iii). The
application of the standard does not depend on the employee
standing on a surface with a ready grounding path.
Consequently, this letter rescinds and supersedes the 1985
memo.
Furthermore, it would be inappropriate to apply an
across-the-board de minimis policy to these situations;
in light of the ever-changing conditions typically encountered
on construction sites, it would be unrealistic for us to
assume that a ground path across or through the body is absent
simply because the workers are standing on the surfaces you
mention.
Cover plates are
required on 120 volt receptacles.
The equipment grounding
requirements for cord and plug connected equipment, contained
in Section 250-114 of the 1999 NEC, does not provide an
exception that permits the use of a GFCI in lieu of equipment
grounding. The GFCI provisions, contained in Section 210-7(d),
pertain to the requirements for receptacle replacement and not
to the grounding of equipment.
The use of a GFCI-type
receptacle or GFCI-type circuit breaker in lieu of an
equipment grounding conductor run to the receptacle outlet is
permitted by the 1999 NEC, Section 210-7, on branch circuits.
However, all of the listed conditions must be met to
meet this code exception. Section 210-7(d)(3) contains
additional marking and wiring requirements that must be met
when GFCI-type receptacle(s) or circuit breaker(s) are used
when a grounding means is not available. Strict compliance
with these NEC requirements would constitute a de minimis
violation of OSHA electrical standard §1910.304(a)(3) as the
GFCI-type receptacles would provide additional personnel
protection and would not be used in lieu of equipment
grounding.
For example, if a GFCI-type
receptacle is used, it must be visibly marked "No
Equipment Ground," and equipment required to be
grounded may not be used in the ungrounded,
GFCI-type receptacle. However, many appliances (i.e., lamps;
toasters; televisions; double insulated appliances) and tools
(i.e., double insulated tools; tools supplied with a low
voltage isolating transformer) are not required to be
grounded and they may be used in an ungrounded,
GFCI-type receptacle. The GFCI feature of these GFCI-type
receptacles provides additional electrocution protection in
the event of misuse (i.e., a floor buffing machine is powered
by a 3-prong plug from a properly marked and wired ungrounded,
GFCI-type receptacle).
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Portable
GFCI Outlets
