Not meant to be a trick question, but the matter of workers who MUST wear medically prescribed devices and work in Class I, II, and/or III Hazardous Locations tends to be a constant question for facilities that have HAZLOCs. Low voltage equipment is always a battle in HAZLOC! I swear the engineering schools in this country must be furthering the myth that somehow “low voltage” equipment is exempt from HAZLOC’s! When we ask the engineer(s) to provide us the RAGAGEP that allows this exemption they are at a loss, but they swear by the “myth”. But these medical devices are a potential HR nightmare…
The usual HAZLOC violations involve personal cells phones, AM/FM radios, clock/radios, etc. and those are easily removed (albeit with a lot of huffing and puffing, eye rolling, etc.). We always refer the engineers to:
NFPA 70 (NEC), 500.1 Scope — Articles 500 Through 504. Articles 500 through 504 cover the requirements for electrical and electronic equipment and wiring for all voltages in Class I, Divisions 1 and 2; Class II, Divisions 1 and 2; and Class III, Divisions 1 and 2 locations where fire or explosion hazards may exist due to flammable gases, flammable liquid–produced vapors, combustible liquid–produced vapors, combustible dusts, or ignitable fibers/flyings.
But what about a situation where medical devices, such as medical pumps and hearing aids, are prescribed to employees and are NOT rated for an HAZLOC?
Years ago when I worked for BFGoodrich Speciality Chemical I had the opportunity to work with an engineer who was one of the leading authorities on HAZLOCs (sat on all the committees for HAZLOC RAGAGEPs). This man was so detailed that he would NOT even take the key fob for his personal vehicle into a Class I Div 1 HAZLOC. We did not go so far as to control key fobs on employees/contractors but this engineer did not want to “take the chance” for his personal safety, so NEITHER did I!!!!
So how would your business/facility manage the situation where an employee was “prescribed a medical device that was required to be on their person” but was NOT rated for HAZLOCs and the employee was assigned to work in an HAZLOC (Div 1 or Div 2 if there would be a difference in your opinion)?
- Would your company view this medical condition as a “disability” under the American with Disabilities Act?
- Would your company move this employee out of their job and into a different job that did not require them to work in an HAZLOC?
- Would this disqualify the employee from being on the Emergency Response Team or if they were on the team would they be removed from the team?
Some facilities attempt to use the RAGAGEP ISA-12.12.01-2007 Nonincendive Electrical Equipment for Use in Class I and II, Division 2 and Class III, Divisions 1 and 2 Hazardous (Classified) Locations in their attempt to justify the use of these non-rated devices, but even that standard does NOT specifically cover these types of devices, although it does state:
2.9 This standard covers portable battery-powered equipment other than flashlights and lanterns for Class I and Class II, Division 2, and Class III, Divisions 1 and 2 hazardous (classified) locations.
So…
- would you allow an employee who must use a low voltage medical device to work in an HAZLOC or would this employee be moved to a non-HAZLOC?
- would you allow this employee to be on the emergency response team?
- do you think an employee who must use these medical devices are protected by the Americans with Disabilities Act (ADA)?