Summary:

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 Officer Safety.

Actions:

1. 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).
2. 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.
3. 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.
4. Supervisors shall consult the Chief of Compliance, or designee, for additional guidance as needed.
   

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
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 assignment.