- Record Type: Interpretation
- Standard Number: 1910.147
- Subject: Certain provisions
of the Occupational Safety and Health Administration's (OSHA's)
lockout/tagout standard.
- Information Date: 1995
September 19, 1995
Mr. Lawrence P. Halprin
Law Offices of Keller and Heckman
1001 G Street, N.W.
Suite 500
West Washington D.C. 20001
Dear Mr. Halprin:
This is in response to your letter
of April 17, regarding interpretation of certain provisions
of the Occupational Safety and Health Administration's (OSHA's)
lockout/tagout standard, 29 CFR 1910.147. Please accept our
apology for the delay in responding.
In your letter, after extensive analysis,
you conclude that:
1) 1910.147(c)(6) does
not require that an employer conduct an annual or more frequent
inspection of every equipment-specific, supplemental lockout/tagout
checklist, procedure, etc. applicable to the equipment at
its facility;
2) 1910.147(c)(6) does
not require that the inspection include the physical observation
by the "inspector" of every "authorized employee" in the facility
(where lockout is used), and every "authorized employee" and
"affected employee" in the facility (where tagout is used),
implementing the energy control procedure; and
3) 1910.147(c)(6) does
not require that the employer conduct an annual review of
lockout/tagout responsibilities with every "authorized employee"
in the facility (where lockout is used), and every "authorized
employee" and "affected employee" in the facility (where tagout
is used), or, in the alternative, if 1910.147(a)(6) imposes
such a requirement, annual refresher training which includes
a review of lockout/tagout responsibilities satisfies that
requirement.
Under the requirements of paragraph
1910.147(c)(6)(i), the employer is required to conduct a periodic
inspection of the energy control procedure [required under
paragraph 1910.147(c)(4)]. OSHA interprets this to mean that
each energy control procedure must be separately
inspected at least annually.
OSHA does agree, however, that a
separate procedure does not have to be developed for each
and every machine or piece of equipment and that a comprehensive
(generic) energy control procedure with supplemental checklists
or appendices may very well address adequately the steps necessary
to perform servicing and maintenance safely. Such a procedure
would normally be considered one procedure. OSHA believes,
however, that there are also situations which require a unique
energy control procedure to deal with the servicing and maintenance
hazards.
OSHA will carefully examine the energy
control procedure of any employer who claims that only one
comprehensive procedure is necessary in its workplace to ensure
that the single procedure is indeed adequate. While the agency
does not insist on a multiplication of procedures, it does
insist that they not become so complex that service and maintenance
employees cannot easily follow them. In order to qualify as
one procedure, the supplemental checklists or appendices must
support the basic comprehensive (generic) energy control procedures
by having the same:
(1) intended uses for different machines
or equipment,
(2) procedural steps for shutting
down, isolating, blocking and securing machines or equipment
to control hazardous energy,
(3) procedural steps for the placement,
removal and transfer of lockout or tagout devices and the
responsibility for them, and
(4) requirements for testing a machine
or equipment to determine and verify the effectiveness of
lockout devices, tagout devices, and other energy control
measures.
The annual inspection required to
be performed on an energy control procedure is intended to
ensure the following:
1) That the procedure is being followed,
2) That the employees involved know
their responsibilities under the procedure, and
3) That the procedure is adequate
(with respect to servicing and maintenance of the machines
or equipment covered by the procedure) to provide the necessary
protection and to identify what changes, if any, are needed.
The employee performing the periodic
inspection does not have to observe every authorized employee
implementing the energy control procedure on the machine or
equipment on which he or she is authorized to perform servicing
and maintenance to meet the review requirements under paragraph
1910.147(c)(6)(i)(C)&(D).
The inspector participating in the
review needs to:
(1) observe a representative number
of such employees while implementing the procedure and
(2) talk with all other authorized
employees even though they may not be implementing the energy
control procedure.
This review may be completed in one
or more meetings in which all authorized employees (as well
as all affected employees when tagout is used) will be in
attendance to review the specific energy control procedures,
as the case may be. OSHA believes that these reviews, which
will need to be performed during the periodic inspections
at least on an annual basis, will assure that employees follow
and maintain proficiency in the energy control procedures
and that the inspector will be better able to determine whether
changes are needed.
OSHA does not agree that by itself
"annual refresher training" for all authorized employees,
even if it includes a review of lockout/tagout responsibilities
of each authorized employee's responsibility under
the energy control procedure(s) whether or not he or she is
actually implementing the energy control procedure, satisfies
the periodic inspection review requirements of paragraph 1910.147(c)(6)(i)(C)
and (D). Also, "annual refresher training" will not replace
the review requirements of paragraph 1910.147(c)(6)(i)(C)
& (D) because certain benefits expected to be derived from
the talks with individual employees may not be addressed in
this refresher training. Some of the advantages to be derived
from these talks include the following: identify energy control
procedure inadequacies including deficiencies, misinterpretations
and deviations, evaluate task proficiency of authorized employees,
provide immediate feedback regarding procedure implementation,
and trigger specific retraining.
Group training sessions can be an
effective way of accomplishing periodic inspection reviews
during which employees' knowledge of the procedure(s) and
their recognition that they need to follow the procedure(s)
carefully to ensure the safety of all employees is reenforced.
Other review methods include random audits, planned visual
observations and modified plant safety tours. One-on-one meetings
between the instructor and authorized (and when applicable,
affected) employees are not necessarily required.
Under paragraph 1910.147(c)(7)(iii)(A),
retraining must be provided for all authorized and affected
employees whenever there is a change in their job assignments,
a change in machines, equipment or processes that present
a new hazard or when there is a change in the energy control
procedure. OSHA will evaluate periodic inspection protocols
to ensure that all energy control procedures are inspected
and that each involved employee has an opportunity to review
his or her energy control procedure responsibilities.
We appreciate your interest in employee
safety and health. If we may be of further assistance, please
contact the Office of General Industry Compliance Assistance,
Mr. Ronald J. Davies, telephone (202) 219-8031, extension
110.
Sincerely,
John B. Miles, Jr., Director
Directorate Compliance Programs
|
