This is a follow-up to a previously posted case. An electrical contractor at a steel mill was in a danger zone when the mill technician began locking out the equipment. The LOTO procedure required some counterweights to be lowered to the ground (i.e., ZES). When the mill technician released the counterweight, an apprentice with the electrical contractor was standing underneath it and was killed. OSHA cited the contractor for being in the danger zone without having the energy sources locked out.
On May 31, 2012, the Secretary of Labor (Secretary) issued a two-item serious Citation and Notification of Penalty (Citation) to an Electric contractor. The Citation was issued following an inspection of a steel facility conducted by OSHA on December 9, 2011. The Citation alleged a serious violation of 29 C.F.R. § 1910.147(c)(7)(i) (Item 1) for failing to train its employees on the purpose and function of an energy control program. Item 1 was withdrawn by the Secretary as confirmed during the hearing held on December 18 and 19, 2012, before Administrative Law Judge Ken S. Welsch, now retired from the Commission. The Citation also alleged a serious violation of 29 C.F.R. § 1910.147(f)(3)(ii)(D) (Item 2) for failing to affix personal lockout or tagout (LOTO) devices on the group lockbox before the employees began maintenance and service work on the fans. The Secretary proposed a penalty of $7,000.00 for Citation 1, Item 2.