||The Control of Hazardous Energy-Enforcement Policy and Inspection Procedures
||November 15, 2009
||May 3, 2010
||This instruction establishes enforcement policy for OSHA's standard addressing the control of hazardous energy.
|| This instruction applies MOSH-wide
||OSHA Instruction, Directive Number CPL 02-00-147, February 11, 2008, the Control of Hazardous Energy-Enforcement Policy and Inspection Procedures
|| Chief of MOSH Compliance Services
312 Marshall Avenue, Room 602
Laurel, Maryland 20707
(410) 880-4886 x312
|By and Under the Authority of:
||Roger Campbell, Assistant Commissioner
This Instruction provides guidance to MOSH personnel concerning
OSHA's policy, procedures, and technical interpretations
regarding the enforcement of the Control of Hazardous Energy
(lockout/tagout) standard, 29 CFR 1910.147, and other related
standards. OSHA completed a look-back review of the Control
of Hazardous Energy standard and due to the magnitude of
this review; a phased approach is planned for the revision
of OSHA's instruction (manual). The second phase of OSHA's
review will include the incorporation of existing letters
of interpretation, including frequently asked questions
into the manual.
While MOSH is adopting the manual with minor changes there
is a major policy change for MOSH personnel in Chapter 2
Enforcement Policy and Procedures, Section I. Compliance
- Compliance Safety and Health Officers (CSHOs) shall
conduct inspections in accordance with the policies and
procedures contained in OSHA Instruction, Directive No.
CPL 02-00-147, except as noted in this Instruction, when
performing inspections involving the control of hazardous
energy. Inspections shall be conducted in accordance with
the MOSH Field Operations Manual (FOM).
- CSHOs shall ensure that they have reviewed the contents
of this manual prior to conducting a programmed or unprogrammed
inspection likely to involve hazardous energy control,
and shall keep a copy of this manual available for consultation
purposes in the event needed.
- Where an employer has not established an energy control
program consisting of an energy control procedure, employee
training, and periodic inspections, CSHOs will cite for
applicable program elements rather than a general citation
for not having established a program.
- Supervisors shall consult the Chief of Compliance, or
designee, for additional guidance as needed.
cc: J. Ronald DeJuliis, Commissioner, Division of Labor
Craig D. Lowry, Deputy Commissioner, Division of Labor and
Jonathan Krasnoff, Assistant Attorney General
Office of Administrative Hearings
MOSH ENFORCEMENT POLICIES AND PROCEDURES
Compliance Officer Safety. MOSH prohibits Compliance Safety
and Health Officers (CSHOs) from being exposed to hazards
associated with the release of hazardous energy. CSHOs must
take reasonable measures to eliminate or control exposure
to hazardous energy when performing inspection activities.
Exposure is to be avoided by such alternative inspection
techniques as: 1) interviewing employees or management representatives
in a safe location, 2) photographing from a safe location,
3) using engineering or similar drawings in lieu of obtaining
direct measurements. It is of paramount importance that
no CSHO be endangered at any time during an inspection and
that the CSHOs comply with appropriate OSHA standards.
MOSH compliance officers are not to perform inspection
activities on employers' machines or equipment undergoing
servicing and/or maintenance. CSHOs engaged in these activities
would be considered to be outside personnel under the hazardous
energy control standard (LOTO), and would be required to
participate in group lockout or tagout. See § 1910.147(f)(2).
Therefore the CSHO will use alternative inspection techniques
to obtain necessary information from machines or equipment
undergoing servicing or maintenance.
In the event that inspection activity has to be conducted
on an employer's machines or equipment under going servicing
and/or maintenance, or during an accident/fatality investigation,
and there is a critical need to utilize lockout or tagout,
the Regional Supervisor shall contact the Chief of Compliance,
or designee. A determination will be made how to proceed
with the inspection activity and utilization of lockout/tagout.
It is recommended that CSHOs and their supervisors evaluate
general industry inspection assignments together to determine
whether exposure to hazardous energy may exist during the
inspection process. This evaluation is particularly important
when there are unique or complex workplace circumstances
or when a CSHO has little experience with the inspection