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Lockout Tagout Compliance – Getting it Right – A top OSHA enforcement target, Lockout Tagout (LOTO) is a rule too often misunderstood by employers.

The Occupational Safety and Health Administration (OSHA) Lockout Tagout (LOTO) rules for industrial equipment are among the least understood and most-often violated by employers. And probably no rule is as costly if you get it wrong.

One of the most common misunderstandings arises over the fact that the Lockout Tagout (LOTO) standard does not cover normal production operations. Instead, the requirements apply to servicing and maintenance, or any production activity that requires an employee to remove or bypass a guard or other safety device.

It also applies if an employee is required to place any part of his or her body into an area on a machine or piece of equipment that is used to perform processing of materials. Otherwise, a different OSHA machine guarding standard requires employers to install and maintain appropriate guards for protecting employees who only operate the machines.

The LOTO and machine guarding standards tend to complement each other. One protects employees during normal production operations (guarding), while LOTO protects employees during servicing. Technically, OSHA cannot cite the same conduct as a concurrent violation of both standards.

The workers who service machinery risk serious injuries and even death, if what is termed “hazardous energy” is not properly controlled. The most common of these injuries are amputations or lacerations to body parts, in addition to electrocutions, burns and crushing/struck-by incidents.

OSHA says that craft workers, electricians, machine operators and laborers are among the three million workers who service equipment routinely and face the greatest risk. Workers injured from exposure to hazardous energy lose an average of 24 workdays for recuperation. Failure to control hazardous energy accounts for 10% of the serious accidents in most industries.

“In other words, amputation injuries—often because of failure to implement LOTO—occur frequently, and when they do occur, employers must proactively notify OSHA about them, and OSHA is very likely to respond to the report by conducting an enforcement inspection,” says attorney Eric J. Conn of the law firm Conn Maciel Carey LLP.

Since updated reporting requirements covering amputations became effective in 2015, more than 2,500 amputation injuries have been reported to federal OSHA each year. Reporting data also shows that in 2015, 2016 and 2017 OSHA responded to these reports by initiating an on-site inspection 59%, 49% and 47% of the time, respectively.

Low-Hanging Fruit

Each year OSHA publishes its list of the Top 10 most frequently cited standards. Although the ranking changes slightly from year to year, LOTO violations are always among the top citations. Last year—just like previous years—violations ranked in the Top 3 in general industry, and Top 5 overall. “Year in and year out, employers make the same mistakes and compliance officers scrutinize programs to the tune of thousands of individual violations, with 2,877 such violations issued in 2017 alone,” Conn notes.

In addition, the list has become a bit self-fulfilling, he observes. Because these standards are frequently cited, OSHA compliance officers specifically seek out the same violations of the LOTO standards during their inspections.

One of the main reasons violations remain high on OSHA’s frequently cited list is that for 12 years the agency has been implementing an enforcement National Emphasis Program (NEP) on amputations with a stated purpose of reducing machine and equipment hazards that cause amputations. The result is targeting of violations of OSHA’s Lockout/Tagout and Machine Guarding standards.

Last year, federal OSHA conducted more than 3,500 inspections under the Amputations NEP, constituting more than 10% of all federal OSHA inspections. It found about 7,800 violations and assessed more than $55 million in civil penalties. Employers in industries subject to the Amputations NEP should proactively audit their LOTO programs to find and fix deficiencies in both their written programs and in any gaps that exist between the written programs and what is being implemented, Conn recommends.

The cost of violations can be high, including qualifying as a target for OSHA’s dreaded Severe Violator Enforcement Program (SVEP). One way to join this circle of shame is to have committed two or more willful or repeat violations related to a “high-emphasis hazard,” which includes amputations. This one enforcement category is responsible for pulling in nearly 70% of all SVEP-designated employers.

If your firm enters this elite group, it can be the subject of inflammatory public press releases branding the employer as a “severe violator,” your company’s name added to a public log of Severe Violators, face mandatory follow-up inspections at the cited facility, and up to 10 inspections at sister facilities within the same corporate enterprise.

Consequences also include enhanced settlement terms, such as corporate-wide abatement, and requiring third-party audits. In addition, violations are among the most frequently used for OSHA criminal prosecutions. The criminal penalty for willful violations causing loss of human life is set at $250,000 for individuals and $500,000 for organizations.

Although relatively rare, criminal charges stemming from serious injury and death due to LOTO accidents top the list of those brought (sharing that spot with deaths resulting from improper trenching in construction). “The risk of criminal charges, including potentially charges against individual managers, is another fine reason that employers should focus resources on LOTO compliance,” Conn emphasizes.

What to Do, and What Not

Keep in mind that LOTO requirements apply only to servicing and maintenance, and production activities requiring removal or bypass of a guard or other safety device. This includes general industry workers who perform maintenance on the equipment, and who can be exposed to the unexpected startup (i.e., “re-energization”) of those machines.

Servicing and maintenance activities typically include tasks such as lubrication, cleaning, unjamming, making adjustments or tool changes. Typically, these activities are distinct from an employee’s normal—routine production—activities, Conn says. “Of course, if an individual is employed as a maintenance worker or repair-person, then performing servicing and maintenance is part of that employee’s normal activities.”

A common mistake employers make in applying the standard is to focus too narrowly on one type of hazardous energy, he adds. “Specifically, we have found that employers do a very good job of addressing hazardous electrical energy in their programs, but LOTO applies to every type of hazardous energy, including mechanical, thermal, hydraulic, pneumatic and gravity.”

That means employers must ensure employees who are performing servicing or maintenance on an industrial oven are protected from heat energy, that employees repairing a power press are protected from the gravity forces of a press in the upright position, and employees fixing a piece of air-powered equipment are safeguarded from an unanticipated release of air, Conn explains.

Safety Inspections must be performed at least annually to ensure energy control procedures continue to be implemented properly, and affected employees are familiar with their responsibilities. Conn says another issue arises because many employers neglect to carry out LOTO safety inspections each year. However, employers more often fail to conduct them in the manner expected by the standard. Companies are now choosing to automate their inspection processes by using mobile safety inspection apps and cloud based safety management software to manage and track inspections to aid compliance and improve workplace safety.

Once the periodic inspections are completed, the employer must ensure any deficiencies or deviations are corrected and certify, in writing, the inspection was performed. This certification must include the machine or equipment that was inspected, date of the inspection, employees included in the inspection and the name of the inspector.

“Unexpected Energization”

Confusion also surrounds the application of lockout Tagout (LOTO) regarding “unexpected energization,” according to Conn. The OSHA standard does not apply if workers are not exposed to unexpected energization. That means that even while an employee is performing maintenance in the guts of a machine, LOTO is not required if employees would otherwise become aware the machine was about to energize.

For example, if the machine automatically sounds an alarm or flashes strobe lights for several seconds before a piece of equipment begins to operate, and there is no mechanical way for those warnings to be defeated, then it cannot be said that the energization was unexpected.

Conn points out that while many employers do a very good job of training those employees tasked with performing service and maintenance (called Lockout Tagout  – LOTO authorized employees), they often forget to train other employees covered by the standard. OSHA expects employers to provide training to employees who operate the equipment being serviced and to anyone else who may be present in areas where Lockout Tagout may be applied.

To satisfy the LOTO standard, he says training should ensure affected and other employees understand the purpose and function of the energy control program and procedures, know when the procedures are being used, and to be aware of the prohibition against attempting to restart a machine that is locked out.

Employers also often overlook the importance of training temporary workers before exposing them to workplace safety and health hazards. “If it is necessary to assign temporary workers to perform service or maintenance tasks, it is essential that those workers receive the same training given to permanent Lockout Tagout (LOTO) authorized employees,” Conn stresses.

He warns that, “Employers should never assume the staffing agency sending the temporary workers provided that training; instead, the host employer should trust and verify, or provide the training directly.” Even if the staffing agency provides training to temp workers, the host employer is presumed to have knowledge of unique, site-specific hazards, and is generally expected by OSHA to provide additional training specific to its workplace and equipment.

There is one more vital step employers need to take. To reduce the likelihood that OSHA will find fault with your company’s LOTO program, Conn urges employers to proactively audit every aspect of their LOTO policies, practices and procedures, and seek advice from an expert safety consultant or experienced OSHA defense attorney, and then act quickly to correct any program deficiencies.

Safety Inspection Software

 

 

 

Fire Extinguisher Barcode System

IMEC Inspection Software is an easy to use fire extinguisher barcode system which will schedule, manage, track and report on any type of inspection, including Facility, Equipment, People etc. Use Cases include fire extinguisher barcode system, eyewash stations, emergency showers, equipment or asset inspection system or facilities inspection software. When used as a fire extinguisher barcode system Inspections are performed via the Mobile app which is available on iOS, Android and Windows devices. The user identifies the inspection point by scanning a barcode, or picking from a list based on location. The Mobile App which is part of the fire extinguisher barcode system will then display the list of custom Forms or Checklists.  The fire extinguisher barcode system inspections can be performed offline if no internet connection is available.

The IMEC Mobile Safety App can also be used as a Fire Door Inspection App and with the Web based flexible Forms Manager the solution can be used as a Fire Door Inspection Software Solution also. Fire Door Inspection Software is used is large facilities with large quantities of Fire Doors like Hospitals, Universities and also Cruise Ships.

Fire Life Safety Inspection Software Solution

IMEC Inspection Software can be deployed as a full Fire Life Safety Inspection Software solution that can be used to manage an organization’s full range of fire and life safety inspections.  The IMEC Fire Life Safety Inspection Software can manage any type of inspection, use cases include Fire Doors, Fire Pumps, Eyewash Stations, Emergency Lights, Emergency Showers, Grease Traps, AED’s and many more.  The IMEC Fire Life Safety Inspection Software can manage any type safety equipment or asset inspection. The user identifies the inspection point by scanning a barcode, or picking from a list based on location. The Mobile App will then display the list of custom Forms or Checklists.

EH&S Inspection Software

IMEC’s EH&S Inspection Software can be used to manage any type of EHS Inspection and allows manager to record safety observations while performing facility tours which can improve overall workplace safety. This EH&S Inspection Software solution that can create corrective actions as a result of inspection failures for inspections performed using the Safety Inspection Software Mobile App. Corrective actions are allocated to the appropriate persons, with deadlines for resolution which will greatly reduce the time, effort and cost of managing compliance inspections. Implementing an EH&S Inspection software solution, where users using the Safety Inspection Software Mobile App can easily perform inspections in the field aids compliance, reduces risk and standardizes the inspection process within your organization.

Asset Inspection Management Software

IMEC’s Asset Inspection Management Software can be used to manage any type of Asset Inspection. This Asset Inspection Management Software solution can create corrective actions as a result of asset inspection failures for inspections.  Corrective actions are allocated to the appropriate persons, with deadlines for resolution which will greatly reduce the time, effort and cost of managing compliance inspections. Implementing an Asset Inspection management software solution, where users using a Mobile App can easily perform inspections in the field aids compliance, reduces risk and standardizes the inspection process within your organization.

IMEC Technologies provides Safety Management Software to increase worker safety and aid compliance. IMEC’s Safety Management Software will manage inspections and audits, provides hazard identificationincident reporting, management of corrective and preventative actions from generation to closure. IMEC provides lock out tag out software solutions that will allow users to create lockout tagout procedures using an intuitive Mobile App and Manage Lockout Tagout Procedures, also the Review and Execution of those Lockout Tagout Procedures using the Mobile App. Annual Lockout Tagout Procedures audits are conducted using a Mobile App. The Mobile Inspection App allow users to perform inspections and audits, for example the system can be used as a Fire Extinguisher Barcode Inspection Software system to manage monthly fire extinguisher inspections and general fire safety inspections and also to record safety observations and manage corrective actions, anywhere and anytime. The solution can be used as a fire extinguisher barcode inspection software system or life safety inspection system to aid compliance in Higher Education, Healthcare, Industrial and Commercial Organizations. Benefits from a Fire Extinguisher Barcode System include the elimination of paperwork and reducing the burden of compliance with regulations such as NFPA, The Joint Commission. The Incident Reporting App allows users to easily and quickly report incidents, hazards and near-misses, these are then sent to the appropriate people for action and are managed to closure.  Web Apps provide features such as, setup, management, scheduling tools, analysis, reporting and dashboards etc with the ability to report incidents to government bodies such as OSHA and RIDDORHazMat T&T is a hazardous waste management software solution designed for Environmental Service Companies and companies who generate a large quantity of hazardous waste. The solution tracks hazardous waste from cradle to grave aiding compliance, providing accurate waste inventory, increasing waste handling efficiency, reducing risk and also helps manage waste costs. HazMat T&T Hazardous Waste Management Software can be deployed in a number of deployment scenarios, from Large Hazardous Waste Generators, tracking their hazardous waste at their site to Environmental Service and Waste Management Companies using it track and manage hazardous waste at transfer and disposal sites. For more information visit our website www.imectechnologies.com