Laws vs. Mandates
Laws are first drafted by the federal government or state body and a legislative group finalizes the vote for approval. Mandates do not; they are unilateral decisions made by government agencies, typically, that are effective for very specific environments and/or situations. In other words, a mandate can be enforced quickly and doesn’t necessarily need governmental oversight. Both laws and mandates are enforced through legal action, loss of privileges, fines, and penalties. Laws additionally can be enforced with imprisonment directly, while mandate violations can lead to criminal prosecution, which could lead to imprisonment.
So what’s the difference? Not much, and is NFPA 70B the law?
Even before NFPA 70B became a mandate from being a guidance under OSHA’s General Clause, in McComas v. ACF Industries, the court cited:
“ANSI / NFPA 70-B imposed a specific identifiable duty on ACF Industries to inspect the switch box involved in this incident pursuant to electrical safety in the workplace.”
ACF’s conscious indifference to that duty in the circumstances herein may not serve to avoid the actual knowledge requirement under subparagraph (B) of W.Va. Code, 23-4-2(d)(2)(ii) [2005].
NFPA 70B and 70E: Mandates with Legal Consequences
NFPA 70B and 70E are mandates that have been issued by agencies and not drafted by government or state bodies. Those who disregard NFPA 70E and 70B are in violation of the Occupational Safety and Health Act (OSH Act) and OSHA’s General Duty Clause Sec 5(a)(1).
If an incident occurs or non-compliance is cited in court from a civil or criminal complaint, OSHA may issue citations and fines based upon deviations from NFPA 70E/70B mandates. Additionally, employers who fail to comply with NFPA 70B and 70E may face civil lawsuits from employees or contractors injured in any electrical or related incidents.
In extreme cases, where gross negligence leads to fatalities or severe injuries, company officials may face criminal charges under federal and state laws. Additionally, for the worker, non-compliance can impact their compensation claims. If it’s proven (and it’s easy to do with 70B as it’s all about documentation), workers’ compensation claims will be affected and possibly additional liabilities beyond the claim.
As it pertains to equipment insurance claims, the same can be said. Again, under OSHA’s General Safety Clause, OSHA can issue citations up to $16,131 per violation and up to $161,323 per violation for willful or repeated violators.
The Good News
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- You are probably (hopefully) already doing partial compliance to 70B by periodic visual inspections; maybe even documenting these activities.
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- Gimba Technologies has solutions that will quickly assist with compliance and automate inspection and documentation management for electrical equipment, coinciding with NFPA 70E.
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- NFPA 70B became a mandate in January 2023; it’s new.
The Bad News
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- The legal field is more aware of it than those who violate it.
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- Ignorance is not a good defense in civil or criminal court, nor in equipment insurance claims.
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- Very few companies exist that understand the supportive technology for 70B compliance AND the electrical equipment that it encompasses. (Hint: Call Gimba)
