Cord and Plug “exclusive control” concept applies ONLY to electrical cord equipment – NOT valves

So this week my good friend “Jim” and I were talking about an “accepted practice” that has grown into an “industry practice” and how OSHA has definitely drawn the line on the “cord and plug” LOTO practice such that it does NOT include valves.  This “practice” involves the concept of defining “exclusive control of an energy isolating device(s)” without the aid of a Lockout(s) or Tagout device(s).  Last year OSHA issued a letter (LOI) to a petrochemical company who asked the following two (2) questions: (I paraphrased the questions – see the full LOI at the end of this post for actual wording)

1. Can I close a valve that goes to a pressure gage and NOT lockout or tagout the isolation valve, since the valve is right next to the gage that I will be changing? 
2. Can I close the inlet and outlet valve to a filter housing (or strainer), drain/vent the housing, all with valves right at the filter housing (e.g. arm’s reach) and change/clean the filter/strainer and not apply lockout or tagout devices to the isolation valves?

I will tell you upfront, I have lived this practice with BOTH of these exact scenarios and almost all of the companies I worked for allowed these tasks WITHOUT LOTO under some VERY STRICT and DEFINED circumstances.  In fact, two of these facilities were VPP facilities and in one review this was looked at VERY HARD by the VPP assessors.  We had Risk Assessments, written procedures, and VERY DEFINED TASKS where we allowed a SINGLE worker to do tasks (even LINE OPENING/EQUIPMENT OPENING task) without applying lockout devices to their isolation valve(s).  We defined “exclusive control” as being

1. a SINGLE worker who had BOTH
   1. arms-length AND
   2. 100% visual of the energy isolation device(s) protecting them

The task had a Risk Assessment done (e.g. a tad more than a basic JSA/JHA), a written procedure with annual training, PPE Hazard Assessment(s), Site Safe Work practice, and well-defined AND DOCUMENTED TASKS and circumstances as to when this practice was allowed.  This “practice” was a spin-off from the “cord and plug” exception to LOTO (1910.147(a)(2)(iii)(A)).

However, as common as it is, OSHA does NOT permit this practice, as they made clear in their 2011 LOI.  And although I have been a consultant since they “drew their line in the proverbial safety sand” and said NO, I will offer up an alternative argument as to how this “practice” became an “industry practice” which we now know violates 1910.147. 

Here is what OSHA says… and the manner in which some of the companies I worked for viewed this practice and managed the risks…

(emphasis by me)