What is the National Electrical Safety Code (NESC)?
The National Electrical Safety Code (NESC) established the minimum safety standards for the design, installation, operation and maintenance of electrical power utility systems, including power substations, overhead power lines, and underground power lines. The purpose of the NESC is to protect the public and utility workers.
Who publishes the National Electrical Safety Code (NESC)?
The NESC is published by the Institute of Electrical and Electronics Engineers (IEEE), which updates the Code every five years.
Is compliance with the NESC voluntary or mandatory?
Generally, compliance with the NESC is voluntary. But some states adopt the NESC, thus making compliance mandatory.
Is non-compliance with the NESC proof of negligence?
Generally, failure to comply with the NESC may be used to prove that an electrical power utility was negligent in a lawsuit involving an electrocution or electric shock injury accident.
While an electric power utility’s noncompliance with the NESC will generally be treated as proof of negligence in an electrocution or electric shock injury lawsuit, compliance with the NESC is not always treated as proof of the absence of negligence and, thus, it does not necessarily relieve the utility of liability.
The NESC will be compared to what happened in the case at hand to see if the utility actions satisfied a reasonable – or higher – standard of care.
What happens if a state adopts the NESC as their safety standard?
Some states such as West Virginia, Montana, South Dakota, and Michigan adopt the NESC as their state safety standards, which means that a failure to comply with the NESC will be proof of negligence as a matter of law.
In R.460.813 of Michigan’s Administrative Code for Electrical Supply Lines, Michigan adopted “[p]arts 1, 2, and 3 and sections 1, 2, 3, and 9” of the National Electrical Safety Code of the national electrical safety code, 2017 edition (ANSI-C2-2017), are adopted by reference in these rules as standards of accepted good practice.
A telecommunications provider who wishes to attach its equipment to the utility poles belonging to a cooperative electric utility in Michigan must comply with the National Electrical Safety Code. (MCL 460.38a(4))
If it is not the state that adopts the NESC as law, sometimes a city will make the NESC a city ordinance, just like the Town of Ayden in North Carolina.
What does the NESC say about inspecting and repairing power lines?
The National Electric Safety Code requires electric utility companies to inspect and test their in-service lines and equipment “as their experience shows it is necessary to maintain the lines and equipment in conformance with code requirements.”
When inspections and tests show that power lines could “reasonably be expected to endanger life,” Rule 214 of the National Electric Safety Code has required that electric utility companies promptly repair the defects, de-energize the line by disconnecting the safety hazard from electrical current, or isolate the electrical danger by having personnel guard the area until the repair can be made.
How do NESC violations affect an electrocution lawsuit for injuries or loss of life?
When someone is injured or killed due to a violation of the National Electric Safety Code, it can significantly impact a legal case. As experienced electrocution lawyers, we work with expert witnesses to investigate whether a violation of the code contributed to the accident.
Here are some ways in which NESC violations can impact a case:
- Establishing Negligence – In personal injury and wrongful death cases, establishing negligence is essential. If it can be shown that an electrical company or contractor violated the NESC, it may demonstrate that they failed to meet industry standards for safety. This can help prove that the defendant was negligent in their actions or inactions, which directly contributed to the injury or death.
- Liability for Faulty Equipment or Installation – If an electrical accident was caused by faulty equipment or improper installation, the NESC may have been violated during the design, installation, or maintenance phases. For example, if a power line was installed too low to the ground or a transformer was not properly grounded, it could be a direct violation of the NESC, which would help establish liability for injury or death.
- Demonstrating Foreseeability – In many cases, the defense will argue that the accident was unforeseeable or the result of factors beyond their control. However, if a violation of the National Electric Safety Code contributed to the event, it can be argued that the accident was foreseeable – so foreseeable that the NESC contains a standard that addresses and seeks to prevent the circumstances that caused the accident.
- Impacting Settlement Negotiations – When a violation of the NESC is proven, it often makes it easier to reach a favorable settlement. Companies are typically more willing to consider a full and fair settlement when they know they have violated safety codes, as these violations increase their exposure to liability.
Key Components of the National Electric Safety Code
The NESC is a comprehensive document that addresses many aspects of electrical safety. Some of its key components include:
- Grounding and Bonding Standards – Proper grounding is essential for preventing electrical shock or fires. The NESC outlines specific methods for grounding electrical systems, including overhead and underground lines, transformers, and other components. Electrical systems that aren’t grounded properly can lead to electric shocks or equipment malfunctions, posing serious risks to workers and the public.
- Construction and Maintenance of Electrical Systems – The National Safety Electric Code provides detailed specifications on how to safely construct, install, and maintain electrical systems. For example, it covers the proper height and clearance of overhead power lines to prevent accidental contact with people, vehicles, or trees. It also sets standards for the installation and maintenance of electrical components like poles, transformers, and switches to ensure that they’re resistant to weather conditions like strong winds or ice storms.
- Worker Safety – One of the NESC’s most critical aspects is its focus on worker safety. The code outlines precautions that must be taken to protect workers who are exposed to electrical hazards. This includes ensuring that proper personal protective equipment (PPE) is worn, establishing safe distances from live wires, and using the correct tools and techniques for working on or near electrical systems. Workers exposed to unsafe conditions can face fatal electrocution risks, and compliance with the NESC helps prevent these incidents.
- Clearances and Spacing – The National Electric Safety Code sets strict requirements for clearances and spacing between electrical systems and other structures, such as buildings, roads, and trees. These regulations are vital in ensuring that electrical lines don’t come into contact with unintended objects, which could cause fires, short circuits, or electrocution. For example, power lines must be installed at specific heights to prevent vehicles from hitting them.
- Emergency Procedures – The NESC also outlines safety measures to be followed during emergencies, such as power outages or natural disasters. These procedures ensure that electrical workers and the public are prepared to deal with hazardous situations, such as downed power lines or damaged electrical equipment.
