The clean answer

OSHA is the law. NFPA 70E is the standard.

OSHA 29 CFR 1910.333 ("Selection and use of work practices") is the federal regulation in the United States. NFPA 70E is a consensus standard published by the National Fire Protection Association — it isn't itself law, but it's the document OSHA uses as the benchmark for what a reasonable electrical safety program looks like.

That distinction matters when people ask "do I have to follow NFPA 70E?" Strictly, no. You have to comply with OSHA. Practically, OSHA compliance officers evaluate your practices against NFPA 70E, so diverging from it tends to leave you indefensible during an investigation.

What OSHA 1910.333 actually says

The regulation states that "live parts to which an employee may be exposed shall be deenergized before the employee works on or near them," with two narrow exceptions:

  1. De-energizing introduces additional or increased hazards
  2. De-energizing is infeasible due to equipment design or operational limitations

That's the hook for energized work. OSHA doesn't spell out a permit form. It just says you must justify the live work, the workers must be qualified, and the practices must be safe.

Where NFPA 70E enters

NFPA 70E Section 130.2(B) provides the actual permit framework — the 9 elements, the signatures, the boundary calculations, the arc flash analysis. None of that is in OSHA's text. NFPA 70E is what fills the gap between OSHA's general requirement ("do this safely") and the specific question ("safely how?").

This is why an OSHA inspector showing up after an electrical incident will usually ask:

  1. Was the work justified under 1910.333?
  2. Is there a written electrical safety program?
  3. Was an EEWP issued, and does it match what NFPA 70E 130.2(B)(1) requires?

A "no" on any of these tends to end badly for the employer.

The General Duty Clause

When OSHA can't cite a specific standard, it falls back on Section 5(a)(1) of the OSH Act — the General Duty Clause — which requires employers to keep workplaces "free from recognized hazards" likely to cause serious harm.

OSHA has used the General Duty Clause to cite employers for failing to follow NFPA 70E even when the specific 1910.333 violation was arguable. The argument: NFPA 70E is the recognized industry consensus, your industry recognizes the hazard, you didn't address it, that's a General Duty violation.

In practice, treating NFPA 70E as optional has approximately the same legal exposure as ignoring it.

What this means day to day

A few practical takeaways from the OSHA-vs-NFPA-70E split:

  • NFPA 70E "compliance" isn't a regulatory checkbox. There's no federal certification of compliance. Following it is how you build a defensible safety program.
  • Your written program matters. OSHA looks for a documented electrical safety program (1910.332 / 1910.333). NFPA 70E provides the template content for that program.
  • Permits are evidence. A complete, signed EEWP is one of the clearest pieces of evidence that the team did the analysis before the work. An inspector who sees properly executed permits is much less likely to keep digging.
  • State plans may be stricter. Some states (California, Michigan, Washington and others) operate their own OSHA-equivalent agencies and may incorporate NFPA 70E more directly into state regulation. Check your state.

Outside the U.S.

The OSHA / NFPA 70E framework is U.S.-specific. Other jurisdictions have their own electrical safety regulations — CSA Z462 in Canada (closely aligned with 70E), EN 50110 in Europe, AS/NZS 4836 in Australia. The general principle (de-energize first; justify and document live work) is broadly similar, but the specific regulatory authority and citation mechanism differ.

For a foundation on what a permit is, see what is an EEWP?