Just in case you missed the news today… OSHA will NOT finalize its proposal to remove the word “UNEXPECTED” from the control of hazardous energy (LOTO) standard but will further consider this issue in light of the overall standard. Here is their rationale for this decision at this time…
OSHA proposed making changes to subpart J of part 1910—General Environmental Controls, The control of hazardous energy (lockout/tagout) in 29 CFR 1910.147. According to its terms, the lockout/tagout standard applies to servicing and maintenance operations “in which the unexpected energization or startup of the machines or equipment, or the release of stored energy could cause injury to employees” (§ 1910.147(a)(1)(i) (emphasis in original)). Because OSHA believes the word “unexpected” has been misinterpreted to exclude some operations where employees are subject to injury from startup or the release of stored energy, the agency proposed removing the word “unexpected” from § 1910.147(a)(1) and several other places it appears in the standard. OSHA made this proposal as a result of a ruling made by the Occupational Safety and Health Review Commission (OSHRC), which was affirmed by the United States Court of Appeals for the Sixth Circuit. Reich v. General Motors Corp., Delco Chassis Div. (GMC Delco). Those decisions found that the lockout/tagout standard did not apply where a startup procedure for a machine provided a warning to a worker servicing it that it was about to start. In that case, workers were servicing machines that used an eight-to-twelve-step startup procedure, including time delays, and audible or visual warnings. The court and OSHRC held that, because of these as part of a mass mailing campaign. All but seven of the comments opposed removing the word “unexpected.
As an example, Davies Molding, LCC, a firm that makes moldings, commented (as part of a mass mail campaign) that: