The Control of Hazardous Energy - Enforcement Policy & Inspection Procedures OSHA INSTRUCTION CPL 02-00-147 Walt Siegfried CSP, MS Office of General Industry Enforcement Occupational Safety & Health Administration

WHY THE MANUAL? Paramount importance!!! Unless it’s essential, eliminate exposure to hazardous areas Techniques to avoid exposure: Interview in safe locations Photograph from a safe location Use engineering drawings in lieu of direct measurement CSHO SAFETY WHEN IN DOUBT STAY OUT! CPL 02-00-147 Chapter 2 Section I

Paramount importance!!!

Unless it’s essential, eliminate exposure to hazardous areas

Techniques to avoid exposure:

Interview in safe locations

Photograph from a safe location

Use engineering drawings in lieu of direct measurement

WHEN IN DOUBT

STAY OUT!

SAFE PRACTICES If CSHOs must inspect areas with hazardous energy exposure, they are outside personnel Paragraph 1910.147(f)(2) applies Do not shutdown or isolate machinery On-site procedure training & communication Group LOTO – apply LOTO device Witness verification of isolation

If CSHOs must inspect areas with hazardous energy exposure, they are outside personnel

Paragraph 1910.147(f)(2) applies

Do not shutdown or isolate machinery

On-site procedure training & communication

Group LOTO – apply LOTO device

Witness verification of isolation

WHY A MANUAL? Frequently cited standards 392 Federal fatality inspections w/ 1910.147 violations (10/02 – 9/07) 3 rd most cited 1910 standard (2007) Establish uniform inspection procedures Consolidate energy control policy

Frequently cited standards

392 Federal fatality inspections w/ 1910.147 violations (10/02 – 9/07)

3 rd most cited 1910 standard (2007)

Establish uniform inspection procedures

Consolidate energy control policy

HOW CAN THE MANUAL HELP YOU? Understand how to integrate & apply hazardous energy control standards 1910.147 (LOTO), including the minor servicing exception 1910, Subpart O (machine guarding) 1910.332 & 1910.333 (electrical) Vertical LOTO provisions (such as permit-required confined space)

Understand how to integrate & apply hazardous energy control standards

1910.147 (LOTO), including the

minor servicing exception

1910, Subpart O (machine guarding)

1910.332 & 1910.333 (electrical)

Vertical LOTO provisions (such as permit-required confined space)

HYDRAULIC PRESS EXAMPLE Hazardous energy control steps may involve… Lockout (safety blocks, disconnect switch, hydraulic valve), Safeguarding (2-hand control), and/or Electrical safe work practices (by a qualified electrical person) … depending on the servicing/maintenance task.

Hazardous energy control steps may involve…

Lockout (safety blocks, disconnect switch, hydraulic valve),

Safeguarding (2-hand control), and/or

Electrical safe work practices

(by a qualified electrical person)

… depending on the servicing/maintenance task.

SUPPLEMENTAL ASPECT 1910.147 procedure & training provisions supplement other vertical LOTO standards to the extent that they are not regulated by the specific LOTO provision Some other standards that have LOTO requirements: 1910.146 - Permit-required confined spaces 1910.179 - Cranes 1910.217 - Mechanical power presses 1910.268 - Telecommunications 1910.272 - Grain handling

1910.147 procedure & training provisions supplement other vertical LOTO standards to the extent that they are not regulated by the specific LOTO provision

Some other standards that have LOTO requirements:

1910.146 - Permit-required confined spaces

1910.179 - Cranes

1910.217 - Mechanical power presses

1910.268 - Telecommunications

1910.272 - Grain handling

HOW CAN IT HELP? Links key interpretations/legal decisions Addresses enforcement strategies - e.g., unexpected energization or startup Multi-employer policy scenarios IBP, Inc. Court of Appeals decision – consult SOL Affirmative defense scenarios Unpreventable employee misconduct and isolated instance; foreman misconduct; greater hazard; impossibility Citation examples CPL 02-00-147 Chapter 3 Section I

Links key interpretations/legal decisions

Addresses enforcement strategies - e.g., unexpected energization or startup

Multi-employer policy scenarios

IBP, Inc. Court of Appeals decision – consult SOL

Affirmative defense scenarios

Unpreventable employee misconduct and isolated instance; foreman misconduct; greater hazard; impossibility

Citation examples

KEY DEFINITIONS Hazardous Energy - Energy that could cause injury to employees Servicing and/or Maintenance - Timken Company OSHRC decision note Equipment that functions separately is not part of the same equipment CPL 02-00-147 Chapter 1 Section IX p. 1-14

Hazardous Energy - Energy that could cause injury to employees

Servicing and/or Maintenance - Timken Company OSHRC decision note

Equipment that functions separately is not part of the same equipment

KEY DEFINITIONS (cont.) Authorized Employee: Employee who performs equipment service/maintenance or implements these procedures, including: Performing energy isolation Implementing LOTO on equipment Dissipating stored energy Verifying isolation Implementing actions to release LOTO Testing or positioning equipment components

Authorized Employee: Employee who performs equipment service/maintenance or implements these procedures, including:

Performing energy isolation

Implementing LOTO on equipment

Dissipating stored energy

Verifying isolation

Implementing actions to release LOTO

Testing or positioning equipment components

POLICY ISSUES Scope & application Energy control programs Tagout programs Specific procedures Periodic inspections Group LOTO Vehicles Alternatives

Scope & application

Energy control programs

Tagout programs

Specific procedures

Periodic inspections

Group LOTO

Vehicles

Alternatives

SCOPE & APPLICATION Normal production operations : Utilization of equipment to perform its intended production function Usually covered by Subpart O 1910.147 covers the control of energy during machine servicing/maintenance where injury may result Both potential & kinetic energy CPL 02-00-147 Chapter 3 Section II p. 3-2

Normal production operations : Utilization of equipment to perform its intended production function

Usually covered by Subpart O

1910.147 covers the control of energy during machine servicing/maintenance where injury may result

Both potential & kinetic energy

ENERGY CONTROL PROCEDURES Control procedures must provide: Sufficient detail and Specific guidance for the energy control steps so that authorized employees clearly understand how to safely utilize control measures for the machine being serviced/maintained. CPL 02-00-147 Chapter 3 Section IX p. 3-39 ABC Co. Energy Control Procedure Purpose ______________________________________________________________________________ Compliance with this program ______________________________________________________________________________ Sequence of Lockout (1)__________________________________________________

Control procedures must provide:

Sufficient detail and

Specific guidance for the energy control steps so that authorized employees clearly understand how to safely utilize control measures for the machine being serviced/maintained.

SPECIFIC PROCEDURES OSHA retained the word specific in the final rule because overgeneralization does not provide employees with sufficient information to effectively control hazardous energy. Generic procedures alone are unacceptable Work permits, checklists, placards may be used to supplement generic procedures

OSHA retained the word specific in the final rule because overgeneralization does not provide employees with sufficient information to effectively control hazardous energy.

Generic procedures alone are unacceptable

Work permits, checklists, placards may be used to supplement generic procedures

PROCEDURE GROUPING Similar machines/equipment may be grouped if they are listed in the procedure scope & all have the same or similar control steps to: Shut down, isolate, block, secure & dissipate stored energy Place, remove & transfer LOTO devices & responsibility for them Test a machine/equipment to determine & verify effectiveness of control measures

Similar machines/equipment may be grouped if they are listed in the procedure scope & all have the same or similar control steps to:

Shut down, isolate, block, secure & dissipate stored energy

Place, remove & transfer LOTO devices & responsibility for them

Test a machine/equipment to determine & verify effectiveness of control measures

PERIODIC INSPECTION COMPONENTS Periodic inspection of each procedure (annually) Review employee responsibilities – Observe & interview Authorized employees for LO Authorized & affected employees for TO Purpose is to verify Procedure steps are followed Employees know their responsibilities Procedure is adequate CPL 02-00-147 Chapter 3 Section XVII p. 3-65

Periodic inspection of each procedure (annually)

Review employee responsibilities – Observe & interview

Authorized employees for LO

Authorized & affected employees for TO

Purpose is to verify

Procedure steps are followed

Employees know their responsibilities

Procedure is adequate

STREAMLINED PROCESS Inspect a representative # of employees implementing the procedure Perform supplemental review with remainder of employees Used for same or similar machines/equipment that have same or similar control measures Reviews may be performed by group meetings This approach is acceptable if the inspection sampling reasonably reflects hazardous energy control practices.

Inspect a representative # of employees implementing the procedure

Perform supplemental review with remainder of employees

Used for same or similar machines/equipment that have same or similar control measures

Reviews may be performed by group meetings

This approach is acceptable if the inspection sampling reasonably reflects hazardous energy control practices.

TYPE C GROUP LOCKOUT / TAGOUT CPL 02-00-147 Chapter 4

VEHICLE HAZARDOUS ENERGY CONTROL Vehicle servicing and maintenance activities have caused serious injury & death 1910.147 applies to general industry workplaces that service or maintain vehicles; such as: Automobiles Trucks Tractors Transport vehicles Material handling equipment CPL 02-00-147 Chapter 3 Section III p. 3-22

Vehicle servicing and maintenance activities have caused serious injury & death

1910.147 applies to general industry workplaces that service or maintain vehicles; such as:

Automobiles

Trucks

Tractors

Transport vehicles

Material handling equipment

PROGRAM FLEXIBILITY An energy control program is necessary; however, due to nature & unique aspect of vehicle maintenance, the energy control measures must be tailored to the workplace. For example, sole control of ignition key may provide protection in some, but not all, situations.

An energy control program is necessary; however, due to nature & unique aspect of vehicle maintenance, the energy control measures must be tailored to the workplace.

For example, sole control of ignition key may provide protection in some, but not all, situations.

LOTO ALTERNATIVES Machine guarding Cord & plug-connected equipment Control circuitry (variances) Other abatement methods CPL 02-00-147 Chapter 2 Section IV p. 2-15

Machine guarding

Cord & plug-connected equipment

Control circuitry (variances)

Other abatement methods

MINOR SERVICING EXCEPTION Limited exception! Work is minor in nature Routine & r epetitive Performed during normal production operations Integral to the use of the equipment for production Work is performed using alternative methods which provide effective protection CPL 02-00-147 Chapter 3 Section IV p. 3-25

Limited exception!

Work is minor in nature

Routine & r epetitive

Performed during normal production operations

Integral to the use of the equipment for production

Work is performed using alternative methods which provide effective protection

LEGAL DECISIONS Westvaco Corporation Work performed before the normal production operation (NPO) is not covered by the MSE Setting up prepares a machine to perform its NPO and, by definition, does not occur during NPO Falcon Steel Co. Party claiming benefit of exception has burden of proving scenario falls within exception Document specific inadequacies (e.g. injuries) with 1 or more MSE elements – i.e., to refute an employer’s claim that 1910.147 does not apply because of the exception

Westvaco Corporation

Work performed before the normal production operation (NPO) is not covered by the MSE

Setting up prepares a machine to perform its NPO and, by definition, does not occur during NPO

Falcon Steel Co.

Party claiming benefit of exception has burden of proving scenario falls within exception

Document specific inadequacies (e.g. injuries) with 1 or more MSE elements – i.e., to refute an employer’s claim that 1910.147 does not apply because of the exception

HOW CAN YOU USE THE MANUAL? Protect yourself - CSHO safety practices Apply enforcement policy & procedures Compliment other directives - e.g., amputation NEP, slide lock directive, die-set directive Link to case law, interpretation letters, CSB & NIOSH incident reports Locate references (Chapter 5) Education & training purposes

Protect yourself - CSHO safety practices

Apply enforcement policy & procedures

Compliment other directives - e.g., amputation NEP, slide lock directive, die-set directive

Link to case law, interpretation letters, CSB & NIOSH incident reports

Locate references (Chapter 5)

Education & training purposes

LEGAL SUFFICIENCY Prima Facie Cited standard is applicable Employer failed to comply Employees were exposed Employer knowledge Apply Enforcement flow diagrams Multi-employer policy Legal decision strategies Refute Affirmative defenses Minor servicing exception Building an OSHA 1B Form

Prima Facie

Cited standard is applicable

Employer failed to comply

Employees were exposed

Employer knowledge

Apply

Enforcement flow diagrams

Multi-employer policy

Legal decision strategies

Refute

Affirmative defenses

Minor servicing exception

SUMMARY Always protect yourself Use the Manual as a resource Understand: that energy control standards are interrelated and how to apply them Use the policy to establish violations that meet the legally sufficiency test

Always protect yourself

Use the Manual as a resource

Understand: that energy control standards are interrelated and how to apply them

Use the policy to establish violations that meet the legally sufficiency test