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The term “qualified person” has a very broad meaning in a general context. From a simple standpoint, outside of the codes and standards world, it might mean having the qualities, accomplishments, etc., that fit a person for some function, office, or the like. Basically, many people are qualified for various functions or positions, and some are not. In the construction industry—specifically in electrical construction—codes and standards define what constitutes a qualified person in the context used within contained requirements. This article takes a closer look at how the term “qualified person” is used within NFPA 70, National Electrical Code (NEC), and compares it to what it means as used in NFPA 70E, Standard for Electrical Safety in the Workplace.
Occupational Safety and Health Administration (OSHA) CFR Regulation 1910 defines a “qualified person” as “one with a recognized degree or professional certificate and extensive knowledge and experience in the subject field who is capable of design, analysis, evaluation, and specifications in the subject work, project, or product.” OSHA CFR Regulation 1926 defines it as “one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project.”
These two definitions differ in that, for general industry purposes, OSHA defines the term as someone who has both a certification and industry experience. The construction regulation contains a bit more criteria for qualified people, including a recognized degree, certificate or professional standing, or who, by extensive knowledge, training and experience, has successfully demonstrated related abilities. The key difference is “demonstrated abilities” related to the project or work. These definitions provided the basis for more specific definitions of qualified people contained in the NEC and NFPA 70E.
The NEC and NFPA 70E definitions of “qualified person” differ as well. The NEC definition is “One who has skills and knowledge related to the construction and operation of the electrical equipment and installations and has received safety training to recognize and avoid the hazards involved.”
The NFPA 70E definition is “One who has demonstrated skills and knowledge related to the construction and operation of electrical equipment and installations and has received safety training to identify and avoid the hazards involved.” [Emphasis added.] Let’s clarify the differences and the context in which they are used in these NFPA electrical standards.
It should be clear that the NEC and 70E do not indicate who performs the work. These standards also do not regulate a person’s qualifications or credentials in the craft, and nor should they.
Regulating agencies establish requirements for industry licenses or certification. These typically are at the state or other local levels. These agencies simply require an industry credential to perform work legally in that particular jurisdiction. It is not the job of the authority having jurisdiction (AHJ) to determine qualifications and determine who is or is not qualified. That responsibility generally rests with owners, employers and sometimes an applicable regulating agency.
The term “qualified person” used in the NEC primarily relates to the ability to understand the equipment and installations covered and how to attain compliance with NEC rules when performing installations. Section 328.14 provides an example that requires medium-voltage cable to be installed, terminated and tested by qualified people.
Another context of the term “qualified person” is found in several exceptions to rules. These are often related to attaining relief indicated by an exception if it is ensured that a qualified person monitors and services the installation. In issuing an approval under such exceptions, an AHJ often relies on the responsible party to provide the assurances that the conditions of such exceptions are followed and maintained.
The definition in NFPA 70E has been revised in the 2015 edition and includes requirements that one has demonstrated the appropriate knowledge and skillset and has received safety training to identify and avoid electrical hazards. The revision aligns this defined term more closely with OSHA’s definitions. The difference is that demonstrated knowledge and skills are necessary. But demonstrated to whom? In the case of electrical safety in the workplace, the employer usually is responsible for worker safety. It is a responsibility shared by both employers and employees, but the employer is responsible for assigning qualified people to perform tasks and operations within the knowledge and skillsets. Workers can be qualified in one area and unqualified for another. Employees have a responsibility to know the limits of their qualifications and to admit when they are not qualified to perform a particular task or function. In the safety system, this is usually where there is a breakdown, and it often leads to risks taken.
Qualified people must have experience, knowledge, skills, safety training and an understanding of the limits of their own qualifications.
About The Author
Michael Johnston
NECA Executive Director of Codes and Standards (retired)JOHNSTON, who retired as NECA’s executive director of codes and standards in 2023, is a former member and chair of NEC CMP-5 and immediate past chair of the NEC Correlating Committee. Johnston continues to serve on the NFPA Standards Council and the UL Electrical Council. Reach him at [email protected].