from Hellman & Associates, Inc.

The OSHA standard 29 CFR 1910.147, Control of Hazardous Energy (Lockout/Tagout) is a complex standard that most companies need to comply with. The standard requires employers to disable equipment to control potentially hazardous energy sources-such as electricity, pneumatic or hydraulic energy when servicing or maintaining the equipment. Given the complexity of this regulation, much can be learned from the OSHA inspection directive.
 
On February 11, 2008 OSHA issued a revised compliance directive CPL 02-00-147, The Control of Hazardous Energy - Enforcement Policy and Inspection Procedures. This directive replaces OSHA Instruction, STD 01-05-019 [STD 1-7.3], 29 CFR 1910.147, The Control of Hazardous Energy (Lockout/Tagout) -- Inspection Procedures and Interpretive Guidance, September 11, 1990. In addition, as part of the revision process, OSHA has removed and archived interpretations from its public web-site that no longer reflect current policy and/or are superseded by this revised OSHA Instruction.
 
Directives are written to provide OSHA personnel with guidance on how to interpret and enforce OSHA standards. A Directive is not a legal rule and does not require employers to implement any practices beyond those required by OSHA's standards. Directives, however, can be a useful guide for employers by providing information and guidance not found in the standards themselves or in other publications on OSHA's website. By consulting a Directive, employers can determine what OSHA is looking for during an inspection.
 
The significant changes to the directive include (directive page number is in brackets following each bulleted item):

• Addition of Compliance Officer Safety guidelines [2-1];
• Inclusion of Citation Examples [2-11] and additional guidance regarding Affirmative Defenses (action by employer to excuse the violation including "Greater Hazard", "Impossibility", and "Unpreventable Employee Misconduct and Isolated Instance".) [2-32];
• Incorporation of compliance assistance flowcharts (the flow charts are to be used for determining program effectiveness) [3-19 through 3-21];
• Inclusion of additional guidance on the minor servicing exception [2-16, 3-25], unexpected energization [3?2], specific energy control procedures [3-39], and periodic inspections [3-65];
• Inclusion of additional information and guidance on Alternative Methods to Lockout/Tagout (LOTO) [2-15];
• Inclusion of general reference material for information pertinent to hazardous energy control, including governmental, industry and national consensus standards [2-22, 3-8]; and
• Addition of vehicle repair and maintenance standards and practices, including relevant Internet links, to assist employers engaged in these activities with hazardous energy control [3-22].

In addition, OSHA is taking a phased approach on this revision of this instruction. The second phase will include the incorporation of existing letters of interpretation and frequently asked questions.