Directives and laws in America
 



North America

USA
The legal basis in the USA can be seen as a mix of product standards, fire codes (NFPA), electrical codes (NEC) and national laws. Local government bodies have the authority to monitor that these codes are being enforced and implemented.

People in the USA are mainly familiar with three types of standards: OSHA (Occupational Safety and Health Administration), UL (Underwriters Laboratories) and ANSI (American National Standards Institute).

OSHA standards are published by the US federal government and compliance is mandatory. In some states, there is a state organization that takes the place of the federal OSHA, and imposes equivalent, or higher, requirements.

The OSHA standards can be compared to a certain extent with the European directives, One main difference is that the OSHA is more concerned in describing technical properties rather than abstract requirements. An other important difference is that EU directives ultimately impose individual requirements on the manufacturer and the owner (respectively the operator) of the equipment, whereas OSHA standards are directed at the "employer” (generally, the buyer / owner of the equipment). It is therefore the responsibility of the buyer to specify that compliance with the OSHA standards is required.

If an accident occurs, OSHA inspectors are likely to be involved. If the "voluntary” ANSI standards have not been followed, the size of the OSHA fine may be higher. Also, if a private prosecution occurs, penalties may be higher.

ANSI standards, on the other hand, are developed by private organisations and essentialthey are formally considered "voluntary consensus standards”. However, ANSI standards can still be found included as part of a contract. Many OSHA standards are based on ANSI standards. Often the mandatory OSHA standard will have been based on an old edition of the voluntary ANSI standard, and using both the OSHA standard and current ANSI edition will be helpful.

UL publishes safety standards. These mainly address electrical hazards. Some UL standards are submitted by UL and become ANSI standards.

OSHA requires that most electrical equipment and wiring used in the workplace meet applicable UL standards, and that it be "listed” (certified) by a "Nationally Recognized Testing Laboratory” (NRTL). OSHA publishes a list of NRTL’s, including CSA, Intertek (ETL), TUV Rheinland, TUV Sud, and UL. Unlisted equipment can usually be "field evaluated” by the same laboratories. The UL standards are often very different from or even contradicting to IEC standards.

The National Electrical Code (NEC) is published by  NFPA (National Fire Protection Association), as ANSI/NFPA 70. Compliance with the NEC is verified by inspections by the local authority (usually the city or village), especially for new buildings and major reconstruction.

NFPA also publishes ANSI/, NFPA 79, "Electrical Standard for Industrial Machinery”. This is comparable to EN/IEC 60204-1 but is not identical. In addition to its "voluntary” status as best-practice, some states and/or local authorities require compliance with NFPA 79.

Canada
Some workplaces fall under federal jurisdiction, from the Canadian Centre for Occupational Health and Safety (CCOHS). However, most workplaces are regulated by the province or territory.

For example, in the province of Ontario, requirements are similar to EU requirements for mechanical safety, except that "self-declaration” is not allowed. The Ontario requirements are based on a combination of CSA, ANSI, ISO and EN standards. For electrical safety, the Ontario Electrical Safety Code and Ontario Regulation 438/07 require that all electrical products and devices (including equipment) be certified to CSA standards by an SCC accredited body. In addition, the building’s electrical installation (new, renovated or altered) must be inspected by the Electrical Safety Authority (ESA).
 
Canadian electrical safety standards are published by CSA (Canadian Standards Association), and are often similar to US requirements. A few standards are based on IEC standards, with changes to suit Canada. Certification of electrical safety is performed by bodies accredited by the SCC (Standards Council of Canada), including CSA, UL and several others.

Canada’s mechanical safety standards are also published by CSA. Some are based on ANSI standards and some are closer to ISO standards.

Especially in Quebec, warning labels and safety instructions should be in French and English.

South America

Argentina : The situation in Argentina largely corresponds to that of Brazil, although the Argentine Standards Institute (IRAM) places advertisements and encourages local firms to adopt these standards; however, there is only partial implementation by some companies in the oil and gas industry.

Brazil : The Brazilian Technical Standards Association (ABNT) has incorporated the standards ABNT NBR/IEC 61058-1 and ABNT NBR/IEC 61058-2-1. The possibility of harmonising the standards IEC 61508, IEC 61511 or IEC 62061 has not yet been analysed. On account of globalisation and market requirements, the larger Brazilian companies are generally changing to ISO/IEC standards before ABNT has the chance to incorporate them into Brazilian legislation. International ISO/IEC standards such as IEC 61508 are often applied in multinational companies or in some sectors of the process industry, such as the oil and gas industry for example.

Chile : The Chilean National Standards Institute (INN) has adopted some of the standards from the IEC electrical engineering field; a study of IEC 61508, IEC 61511 or IEC 62061 is neither being developed, nor is its implemenation planned.


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