Consensus standards have and will continue to hold up in legal cases. It comes back to what is “customary” in our industry.
One point not mentioned in this article relates to OSHA inspections and citations. OSHA 1910 Subpart S is based on the National Electric Code (NEC) and the Standard for Electrical Safety in the Workplace (NFPA 70E), albeit rather outdated versions of those standards.
OSHA still uses NFPA 70E under the general duty clause. This comes back to what is “customary” to issue citations.
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Zarheer is a contributor to the NFPA 70E, has published several journal transactions, chaired electrical safety standards, and holds a Master Degree in Electrical Engineering. Read more about Zarheer.