There is an evil myth regarding LOTO training and Periodic Inspections. I recently had a lengthy discussion with a Labor Lawyer regarding the FACT that annual LOTO training does NOT satisfy the Annual Periodic Inspection requirements. An employer is NOT required to perform annual training on LOTO, but they are REQUIRED to conduct a periodic inspection on EACH authorized employee. And far too many do not believe this to be the case. Their arguments are… “I have never heard of such a thing,” “This is the way we have always done it,” or my favorite… “OSHA was here last year, and they never said anything” (OSHA was there for a non-LOTO complaint!).
So here are the 1910.147 specifics stating Periodic Inspections are required ANNUALLY on EACH authorized employee, that training is NOT required annually, and that training does not replace periodic inspections.
First, let’s demonstrate that LOTO training is NOT an annual requirement: (emphasis by me)
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1910.147(c)(7)(iii) Employee retraining. 1910.147(c)(7)(iii)(A) Retraining shall 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 procedures. 1910.147(c)(7)(iii)(B) Additional retraining shall also be conducted whenever a periodic inspection under paragraph (c)(6) of this section reveals, or whenever the employer has reason to believe, that there are deviations from or inadequacies in the employee’s knowledge or use of the energy control procedures. 1910.147(c)(7)(iii)(C) The retraining shall reestablish employee proficiency and introduce new or revised control methods and procedures, as necessary. 1910.147(c)(7)(iv) The employer shall certify that employee training has been accomplished and is being kept up to date. The certification shall contain each employee’s name and dates of training. |
So retraining personnel (Authorized, Affected, and Others) has to happen when we:
- change their status within the program (i.e., they go from affected to authorized) or they move to a different role and this new role has different types of energy, different magnitudes of energy, different types of energy isolation devices, or require a different means to verify a Zero Energy State (ZES).
- Change the LOTO program or a machine/equipment-specific energy isolation procedure
- there is a new machine/equipment that presents a new hazard
It is .147(iii)(B) that says a lot. .147(iii)(B) says that if an authorized employee fails their “periodic inspection,” they must be retrained. But notice that the word “annually” or even any implication that retraining occurs annually is NOT there! Of course, some will make a case that their LOTO programs are in constant flux between Machine/Equipment specific procedures and updates to their LOTO programs; however, I want to point out that these changes MUST be communicated and trained on IMMEDIATELY following the changes to the program/procedures.
So think about this: if 1910.147 does NOT require annual training, how should an employer ensure that LOTO is being applied properly?
That is the role of the “periodic inspection.” And yes, each authorized employee is required to participate in an annual periodic inspection.
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1910.147(c)(6) Periodic inspection. 1910.147(c)(6)(i) The employer shall conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirements of this standard are being followed. 1910.147(c)(6)(i)(A) The periodic inspection shall be perfomed by an authorized employee other than the ones(s) utilizing the energy control procedure being inspected. 1910.147(c)(6)(i)(B) The periodic inspection shall be conducted to correct any deviations or inadequacies identified. 1910.147(c)(6)(i)(C) Where lockout is used for energy control, the periodic inspection shall include a review, between the inspector and each authorized employee, of that employee’s responsibilities under the energy control procedure being inspected. 1910.147(c)(6)(i)(D) Where tagout is used for energy control, the periodic inspection shall include a review, between the inspector and each authorized and affected employee, of that employee’s responsibilities under the energy control procedure being inspected, and the elements set forth in paragraph (c)(7)(ii) of this section. 1910.147(c)(6)(ii) The employer shall certify that the periodic inspections have been performed. The certification shall identify the machine or equipment on which the energy control procedure was being utilized, the date of the inspection, the employees included in the inspection, and the person performing the inspection. |
I think that OSHA’s use of the word “inspection” vs. inspections causes a lot of confusion; I know it did for me 30 years ago. Also, the fact that they use the word “procedure” rather than “program” causes a lot of confusion.
But as I have written about several times, these “periodic inspections” are our means to VALIDATE the programs and procedures AND, more importantly, to VERIFY personnel are properly utilizing LOTO. When we do this correctly, there is no need to train employees as they have demonstrated their ability to perform LOTO.