If you missed the first three parts of the series, here's what we covered:

Part 1 discussed the source of electrical safety qualified person requirements;

Part 2 talked about which persons and tasks those requirements affect; and

Part 3 explained what it means to be qualified.

Let's finish up by analyzing how to comply with qualified person regulations and standards. I'd also like to set out an approach management can use to achieve compliance.

The Role of Management

Determining the qualification of an employee is the responsibility of management, not of the government. Management must determine the scope of work expected of each employee and assess the workplace for hazards the employee may encounter. Once these assessments are complete, management should establish a minimum skill and knowledge level necessary to complete the scope of work safely and effectively. The employee's personnel file should reflect the employee's experience and technical training as well as the safety training to perform the task safely and effectively.

Plainly stated, documentation, documentation, and documentation is critical in supporting your decision to secure qualified person status for an employee. The employee's personnel file should include documentation of:

• Formal electrical training
• Years of experience in performing similar tasks
• Training on electrical equipment and circuits
• Electrical safety training
• Training on the applicable regulations and standards
• Training on PPE

Retraining and documentation of retraining are equally important. Some conditions that indicate the need for retraining include changes in the workplace, in the equipment, in the PPE, in the regulations and standards, or deficiencies in actual task performance.

A Suggested Approach

First, an important caveat: Some employers assume that proof of attendance at a one-day training session on NFPA 70E is enough to qualify your employees to perform electrical work. This is not true. Although NFPA 70E training is definitely recommended, if not required for your qualified employees, it is only a single component of a much broader-based training program.

Step 1: JTA. Prepare a list of the task(s) on or near exposed energized parts that the qualified person or electrician is expected to perform; often referred to as a job/task analysis (JTA).

Step 2: JHA. Perform a job hazard analysis (JHA) and prepare a description of the skill and knowledge required to perform the job safely; this must include the training requirements discussed previously.

Step 3: Comparison Check. Now compare these requirements to the knowledge, skills, and training of the person expected to be qualified to perform the task(s). This comparison should identify the areas of weakness and be a guide to developing a training schedule to address these weaknesses.

Training budgets are limited, so concentrate on the weakest areas first and keep training until you have addressed the needs of the employee to perform the task(s) safely. Try to develop a 3 year plan, which will coincide with updates to the regulations and standards. Schedule a minimum of 2 to 5 days of training annually for each qualified employee.

The following is a suggestion of training for qualified persons:

* Practical Electrical Training may include training on:

1. National Electrical Code
2. Programmable Logic Controllers (PLC)
3. Variable Speed Drives (VSD/VFD)
4. Electrical Troubleshooting
5. Air Conditioning and Refrigeration
6. Grounding and Bonding

Conclusion

Remember that "qualified person" requirements aren't suggestions or recommendations. They're the law. Ultimately, it is the employer's responsibility to ensure that workers who work with or near electrical hazards are qualified to perform the work safely and effectively. Turning workers into qualified persons requires training, either on-the-job or in the classroom, and preferably both. The training should be diverse and include technical, regulatory, and safety subjects. Finally, I urge you to document all training! Like the lawyers say, if it isn't documented, it never happened.

LAWYER-TO-ENGLISH DICTIONARY

By Glenn Demby

LOSS OF CONSORTIUM

Loss of "con SOR shum"

How It Comes Up: In a civil suit, that is, a lawsuit for damages as opposed to a criminal case, a defendant who injures a plaintiff might have to pay damages for loss of consortium.

What It Means: A form of damages that pays back a victim for an injury that renders the victim incapable of having normal marital relations with his or her spouse.

Example: Two construction workers are playing games with a nail gun. One of the workers is chasing his friend around the site threatening to shoot him. He stumbles and the gun is discharged. A passerby is wounded in the groin and rendered permanently impotent. The victim and his wife would have a strong case against the worker and the construction company for loss of consortium.

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What Legal Terms Do You Find Confusing?

Are there any legal terms that affect your job that you consider confusing or intimidating? Let us know what they are - glennd@bongarde.com - and we'll explain them in a future installment of Lawyer-to-English. And don't worry. We'll keep your identity secret.

Glenn Demby

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FACT OF THE WEEK
Workplace Smoking

When it comes to workplace smoking restrictions, Canada is way ahead of its neighbor to the south.

On May 31, 2006, employers in Canada's two biggest provinces? Ontario and Quebec ? must implement a total ban on workplace smoking, including smoking in company vehicles. All but four Canadian jurisdictions have similar laws. Only British Columbia, the Northwest Territories, Nunavut and the federal jurisdiction allow smoking in the workplace. And even in those places:

• Smoking is limited to designated smoking areas; and
• There are local laws, especially in BC, completely banning workplace smoking.

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