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Re: Safety notes



to: Terry

Thank you for the interesting data.  OSHA did drop by our shop about 10
years ago, and I chased them out.  I told them I was a "research laboratory"
and we do not manufacture equipment for sale to the public.  I "lied" a bit,
but thank heaven, they brought the story and have never returned.  I told
them if they were going to pester me they would have to start right in their
home base at Madison, Wisconsin, in the research labs at Univ. of
Wisconsin --- most of which are safety nightmares with dangling wires, HV
all over, magnetic fields, etc.  OSHA applies mostly to manufacturing
procedures and doesn't seem to have must jurisdiction over research labs
unless they are doing commercial testing.

Regards,

Dr. Resonance




-----Original Message-----
From: Tesla List <tesla-at-pupman-dot-com>
To: tesla-at-pupman-dot-com <tesla-at-pupman-dot-com>
Date: Wednesday, February 09, 2000 3:30 AM
Subject: Re: Safety notes


Original Poster: Terry Fritz <twftesla-at-uswest-dot-net>

Hi Dr. Resonance,

At 12:07 AM 02/06/2000 -0600, you wrote:
>
>
>to: Terry
>
>If you put all this data into a disclaimer, and then someone is injured,
you
>would be in serious trouble.  It is the exact same principle as putting up
a
>large sign that says, "Dog Bites".  If he does bite someone the legal
>beagles will blast you in court with, "So you know the dog bites, why did
>you let him loose in your yard?"
>
>A much better legal strategy is to put up a sign that says, "Beware of Dog,
>or Caution: Dog on Duty".  You have not asserted your knowledge of the dog
>and his capacity to bite.  You also have not fully defined "duty" so you
>leave important legal loopholes with this type of signage.  This is a very
>important legal principle.

The page I referred to is a warning not a disclaimer.  I have used
disclaimers in a few papers that contained specific information on how I do
some tests that reads:

Warning and Disclaimer: The author assumes no responsibility for the
operation, design, construction,
accuracy or safety of the devices described herein. This paper deals with
highly experimental amateur equipment
used in an extreme electrical environment. Only persons with advanced
knowledge of these systems should
attempt to experiment with the described devices. Any attempt to reproduce
or operate the described devices is at
the reader’s own risk!

I thought that one sounded really good and that's why I stole it ;-))

>
>As a manufacturer of these devices on a daily basis and with over 70 units
>in daily operation around the country (and world), I have consulted
>throughly with both my attorney and our insurance company legal staff.
>
>Our strategy is to place a sign at the entrance area and also have the
>demonstrator make a verbal warning prior to operation of the devices.  It
is
>rather simple.
>
>    Caution:  High voltage electrical apparatus in use in this area.  If
you
>are wearing any type of electronic device such as a hearing aid, electronic
>cardiac pacemaker, electronic camera, etc., it is recommended you view this
>display from a distance of no less than 40 feet (actual distance varies
with
>the size of coil or high voltage device).

As with the dog, your demonstrations involve public events over which you
have direct control over various safety aspects.  I can keep the dog from
biting just like you can keep your coil from hurting anyone.  I will take
all the needed steps to prevent the dog bites and you take the steps needed
to protect the public.  Really, no warnings or disclaimers are needed in
those cases since we make sure there is no danger to the public.

The safety page I refer to is just a "warning".  I cannot stop or prevent
any situation, I can only warn whoever may care to listen to me.  I could
have just as easily said "don't drink and drive" or "falling rock next
three miles" with the same legal implications.  I can't stop the bad
things, I can just warn about them.

Disclaimers are used when information is given that may be used incorrectly
by unqualified persons.  They simply state the nature of the danger, only
qualified persons should use the information, and that they are assuming
all risk.  I have no control over what they do then.

The dog is different.  I CAN take steps to insure that it will not bite.  I
cannot take steps to insure that warnings and disclaimers are listened to.
All I can do is try my best...

>
>I am posting this to the Tesla List so at least they can beware of certain
>legal implications which could "entrap" them if there is ever a problem.
We
>also never let anyone sit or stand at a distance of less than 3 X the
>"maximum striking distance" of the coil.

There actually is an OSHA regulation that may apply to this situation or at
least the principle from it could be borrowed.  Standard 1910-0333(c)(3)(i)
lists minimum distances "unqualified persons" should be allowed to get near
power lines.  This standard is generally referred to in other high voltage
situations.  They give a distance of 10 feet plus 4 inches for every 10kV
above 50kV.  Assuming a coil puts out 500kV that works out to 25 feet.
Where one must take note would be with a small coil that only puts out say
200kV and has three foot streamers.  The 3X strike distance rule would be 9
feet where the OSHA standard would give 15 feet.  OSHA basically adds ten
feet just as safety space above 50kV for unqualified persons.  Of course,
the same argument could be applied to a hand held peizo electric grill
starters that uses high voltage to ignite the flame.  They would be hard to
use from 10 feet away.  :-))

The OSHA rule may indeed apply if an employee of a Tesla coiler were
working with you.  Then all the OSHA regulations are in full force.  One
"could" actually still "play" with streamers on the job and meet OSHA
standards if your are a "qualified person" as in part 1910.333(c)(3)(i).
Of course, that doesn't prevent you from getting killed.  Your skills keep
you alive...

http://www.osha-slc.gov/OshStd_toc/OSHA_Std_toc_1910_SUBPART_S.html

Unlike the many "Safety regulations for sale" organizations.  OSHA'a
regulations are free and available on the web at www.osha.gov.  Unlike the
other's, OSHA also has heavy duty legal powers to enforce those regulations
so they have to be defendable and they are based on things that have hurt
people.  They ARE "real world"...  The OSHA regulations are pretty good and
I think we can borrow some of their ideas.  The above links are straight
forward reading in a few hours and should be considered by anyone working
with others and Tesla coils.  There is a lot of good information there!
Like yeah you do need to shield the arc in the spark gap and the controller
wiring really does need to be enclosed...  Really very simple stuff and
presented very clearly.

>
>This strategy has worked since 1964 with only one claim --- and that one
was
>thrown out of court.  It involved a woman "sitting" on a plasma globe
 yea,
>I know, don't LOL too hard).

Of course, she did something no reasonable person would do...

I certainly don't mean to get any legal technical threads going (I will
stop this from getting just into legal talk).  Lawyers may always disagree,
and thus their profession is based.  But we are really concerned with
staying out the "Big Judge's" courtroom in heaven here...

Cheers,

Terry

>
>Regards,
>
>Dr. Resonance
>