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OSHA’s standard, 29 C.F.R. § 1926.1427, which sets out operator qualification and certification requirements for cranes used in the construction industry is currently set to take effect on November 10, 2014.  However, after significant concerns among stakeholders regarding these requirements, in February, OSHA proposed a three-year extension to the operator certification deadline and requested public…

Background

On June 15, 2005, OSHA proposed to update its existing standards on Electric Power Generation, Transmission, 29 C.F.R. § 1910.269 (Operations and Maintenance) and 29 C.F.R. Part 1926, Subpart V (Construction).  OSHA’s primary objective in revising the two standards was to align and update the rules for the construction of transmission and distribution installations…

Today, OSHA announced that it is issuing the final rule on Electric Power Generation, Transmission and Distribution.  The final rule will appear in the Federal Register on April 11, 2014.  The rule will become effective 90 days after it appears in the Federal Register. 

The final rule for general industry and construction include, among other…

The latest issue of our weekly Workplace Safety and Health newsletter is available for viewing and contains the following articles:

MSHA Rebuffed in Application of Flagrant Violation Tool. Federal Mine Safety and Health Review Commission Administrative Law Judge Alan Paez has rejected MSHA’s attempt to use prior citations and orders alleging “significant and substantial” violations…

The latest issue of our weekly Workplace Safety and Health newsletter is available for viewing and contains the following articles:

Enforcement, New Rules are Themes of MSHA, OSHA Budgets. Enforcement and new regulations are twin themes of the proposed 2015 fiscal year budgets of two Department of Labor (DOL) safety and health agencies.

More Money…

At a recent American Bar Association meeting, Jordan Barab, Deputy Assistant Secretary of Labor for OSHA, Dorothy Dougherty, Deputy Assistant Secretary of Labor for OSHA and Tom Galassi, Director of Enforcement Programs, all stressed the agency’s continued focus on key enforcement initiatives, such as temporary workers, workplace violence and heat stress.  In addition, they emphasized…

The latest issue of our weekly Workplace Safety and Health newsletter is available for viewing and contains the following articles:

High Court Holds Time Changing Clothes Is Not Compensable.  A U.S. Supreme Court decision may well have put to rest the highly litigious issue of whether or not workers are entitled to payment for time…

President Obama recently issued the Department of Labor’s budget request for fiscal year (FY) 2015.  As part of the budget request to Congress, the Occupational Safety and Health Administration (OSHA) is seeking a total budget of $565 million, which is an increase of $12.7 million from the enacted FY 2014 budget.

OSHA is also requesting…

In the last installment of this LOTO series, we address the periodic inspections and training requirements.   

Are We Performing Periodic Inspections?

Employers are required to conduct periodic inspections of their energy control procedures at least annually to ensure that they are being effectively implemented and to correct any deviations or inadequacies. 29 C.F.R. § 1910.147(c)(6). The periodic inspection must be performed by an “authorized employee” other than the one(s) utilizing the procedures being inspected.

The periodic inspection shall include a review between the inspector and each authorized employee of that employee’s responsibilities under the energy control procedures and of the limitations of the tagout systems, if used, as provided for in 29 C.F.R. § 1910.147(c)(7)(ii).

The employer is required to certify that that the periodic inspections were performed. The certification shall identify (1) the machine or equipment on which the energy control procedure was being utilized; (2) the date of the inspection; (3) the employees included in the inspection; and (4)the person performing the inspection.Continue Reading Part 3: Will Your LOTO Program Stand Up to An OSHA Inspection?

Now that you have considered whether you are covered under the LOTO standard, it is time to consider whether you actually meet the basic requirements of the standards and have proper energy control procedures for each piece of equipment. 

Do We Meet the Basic Requirements under the LOTO Standard?

If employees are exposed to hazardous energy during servicing and maintenance activities and one of the exceptions above do not apply, then employers must establish, at a minimum, a program consisting of detailed energy control procedures for each piece of equipment, employee training, and periodic inspections.  29 C.F.R. § 1910.147(c)(1).

Do We Need and Have Detailed Energy Control Procedures?

Energy control procedures for each piece of equipment must be developed, documented, and utilized when employees are engaged in servicing and maintenance activities unless all of the following elements exist:Continue Reading Part 2: Will Your LOTO Program Stand Up to an OSHA Inspection?