WSR 09-09-115

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed April 21, 2009, 1:38 p.m. ]

Title of Rule and Other Identifying Information: Chapter 296-803 WAC, Lockout/tagout (control of hazardous energy).

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Joshua Swanson, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY June 22, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Federal Occupational Safety and Health Administration (OSHA) advised the department of a few areas in the lockout/tagout standard where we are not-as-effective-as the federal rule. The proposed changes will make Washington state's rule as-effective-as the federal equivalent. These changes are outlined below.


WAC 296-803-30005 Make sure new or modified machines and equipment can accept lockout devices.

OSHA Determination: "OSHA's standard requires that when a machine or equipment undergoes major repair, renovation or modification after January 2, 1990, energy isolating devices must be designed to accept a lockout device. An effective date was not included in the state standard. An effective date is necessary to enable compliance officers to determine which machines and equipment are required to be so designed."

Division of Occupational Safety and Health (DOSH) Response: Language in this section will be updated to include the January 2, 1990, effective date.


WAC 296-803-40005 Provide appropriate means to control energy.

OSHA Determination: "WAC 296-803-40005 includes "blind flanges" as an example of means to control energy. In order to be consistent with OSHA and other WISHA standards, the term 'blind flanges' should be changed to 'blank flanges and bolted slip blinds.'"

Division of Occupational Safety and Health (DOSH) Response: The term "blind flanges" will be changed to "blank flanges."


WAC 296-803-50010 Meet these requirements when applying lockout or tagout devices.

OSHA Determination: "Paragraph 1910.147 (d)(2) requires orderly shutdown of machines or equipment to avoid any additional or increased hazard(s) to employees as a result of the machine or equipment stoppage. The requirement is consistent with Section 5.3.2.3 of ANSI/ASME Z244.1-2003 which requires the employer to follow a sequence of shutdown to ensure employee safety. The term 'orderly shutdown' was changed to 'established procedures" in the state standard without providing a rationale.'"

Division of Occupational Safety and Health (DOSH) Response: Language will be added in this section to clarify that an orderly shutdown is necessary.


WAC 296-803-60015 Retrain employees when necessary.

OSHA Determination: "Paragraph 1910.147 (c)(6)(i) requires the employer to conduct a periodic inspection of the energy control procedures. WAC 296-803-70005 requires the employer to perform and document periodic reviews to verify employees know and follow the energy control procedures. However, on page 11 of the comparison document, WAC 296-803-60015 requires retraining of employees when periodic inspection shows the employee deviates from, or has inadequate knowledge of, the energy control procedures. The state standard should be consistent when using the terms 'periodic review' or 'periodic inspection.'"

Division of Occupational Safety and Health (DOSH) Response: The term "inspection" will be changed to "review."


WAC 296-803-800 Definitions.

Energy-isolating device.

OSHA Determination: "OSHA's definition of "energy isolating device" includes the statement that push buttons, selector switches and other control circuit type devices are not energy isolating devices. This information is consistent with the American National Standard Institute (ANSI) Z244.1-2003 Annex B(1). The aforementioned information, which is necessary to clarify the intent of the standard, was not included in the state's definitions."

Division of Occupational Safety and Health (DOSH) Response: Language will be added to this section to clarify that push buttons, selector switched [switches] and other control circuit type devices are not energy isolating devices.

Service and maintenance.

OSHA Determination: "OSHA's definition of 'service and/or maintenance' includes 'inspecting' as a covered activity. The state's definition of the term 'service and/or maintenance' does not."

Division of Occupational Safety and Health (DOSH) Response: The term "inspecting" will be included in this definition.

Reasons Supporting Proposal: The proposed amendments to chapter 296-803 WAC will make Washington state's rule as-effective-as the federal equivalent.

Statutory Authority for Adoption: RCW 49.17.050.

Statute Being Implemented: Chapter 49.17 RCW.

Rule is necessary because of federal law, 29 C.F.R. Subpart E.

Name of Proponent: Department of labor and industries, division of occupational safety and health, governmental.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, Washington, (360) 902-5530; Implementation and Enforcement: Steve Cant, Tumwater, Washington, (360) 902-9166.

April 21, 2009

Judy Schurke

Director

OTS-2192.1


AMENDATORY SECTION(Amending WSR 04-15-105, filed 7/20/04, effective 11/1/04)

WAC 296-803-30005   Make sure new or modified machines and equipment can accept lockout devices.  

You must:

Make sure energy-isolating devices designed to accept a lockout device are provided on machines and equipment that:

Are newly installed.

OR

Have undergone major replacement, repair, renovation, or modification after July 2, 1990.

(( Are renovated or modified.))

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 04-15-105, 296-803-30005, filed 7/20/04, effective 11/1/04.]


AMENDATORY SECTION(Amending WSR 04-15-105, filed 7/20/04, effective 11/1/04)

WAC 296-803-40005   Provide appropriate means to control energy.  

You must:

Provide the means necessary to isolate, secure, or block machines and equipment from energy sources.

Note: Examples of means to control energy include:
Locks.
Tags.
Chains.
Wedges.
Key blocks.
Adapter pins.
Self-locking fasteners.
((Blind)) Blank flanges.
Cribbing.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 04-15-105, 296-803-40005, filed 7/20/04, effective 11/1/04.]


AMENDATORY SECTION(Amending WSR 04-15-105, filed 7/20/04, effective 11/1/04)

WAC 296-803-50010   Meet these requirements when applying lockout or tagout devices.  

You must:

Make sure, before a machine or equipment is turned off, that the authorized employee knows all of the following:

Type and magnitude of the energy.

Hazards of the energy to be controlled.

Method or means to control the energy.

Turn off or shut down the machine or equipment using established procedures. An orderly shut down is necessary to avoid any additional or increased hazard to employees as a result of the equipment stoppage.

Completely isolate the machine or equipment from its energy sources using the appropriate energy-isolating devices after the machine or equipment has been turned off.

Make sure you or the authorized employee notify affected employees that the machine or equipment is being locked or tagged out before the devices are applied.

Make sure a lockout or tagout device is applied:

For each energy-isolating device.

Only by the authorized employee doing the service or maintenance.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 04-15-105, 296-803-50010, filed 7/20/04, effective 11/1/04.]


AMENDATORY SECTION(Amending WSR 04-15-105, filed 7/20/04, effective 11/1/04)

WAC 296-803-60015   Retrain employees when necessary.  

You must:

Retrain authorized and affected employees to introduce new or revised control methods and procedures when there's a change in any of the following:

Job assignments.

Machines, equipment, or processes that present a new hazard.

Energy control procedures.

Retrain employees to reestablish proficiency when:

A periodic ((inspection)) review shows the employee deviates from, or has inadequate knowledge of, the energy control procedures;

OR

The employer has reason to believe retraining is necessary.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 04-15-105, 296-803-60015, filed 7/20/04, effective 11/1/04.]


AMENDATORY SECTION(Amending WSR 04-15-105, filed 7/20/04, effective 11/1/04)

WAC 296-803-800   Definitions.  

Affected employee. An employee who's required to operate, use, or be in the area where a machine or equipment could be locked or tagged out for service or maintenance.

Authorized employee. An employee who locks or tags out a machine or equipment to do service or maintenance.

Can be locked out. An energy-isolating device that can be locked in the "off" or "safe" position.

Employer. Based on chapter 49.17 RCW, an employer is any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: Provided, That any persons, partnership, or business entity not having employees, and who is covered by the Industrial Insurance Act must be considered both an employer and an employee.

Energized. Connected to an energy source or containing residual or stored energy.

Energy-isolating device. A mechanical device that physically prevents transmitting or releasing energy. This includes, but is not limited to:

Manually operated electrical circuit breakers.

Disconnect switches.

Manually operated switches that disconnect the conductors of a circuit from all ungrounded supply conductors if no pole of the switch can be operated independently.

Line valves.

Blocks.

Similar devices used to block or isolate energy.

Push buttons, selector switches and other control circuit type devices are not energy isolating devices.

Energy source. Any source of electrical, mechanical, hydraulic, pneumatic, chemical, thermal or other energy, including gravity.

Hot tap. A procedure which involves welding on pressurized pipelines, vessels, or tanks to install connections or accessories. It's commonly used to replace or add sections of pipeline used in air, gas, water, steam, and petrochemical distribution systems without interrupting service.

Lockout. Placing a lockout device on an energy-isolating device using an established procedure to make sure the machine or equipment cannot be operated until the lockout device is removed.

Lockout device. A device that uses a positive means, such as a key or combination lock, to hold an energy-isolating device in the "safe" or "off" position. This includes blank flanges and bolted slip blinds.

Normal production operations. Using a machine or equipment for its intended production function.

Primary authorized employee. An authorized employee who has overall responsibility for meeting the requirements of the lockout/tagout procedures.

Service and maintenance. Activities such as constructing, installing, setting-up, adjusting, inspecting, modifying, maintaining, and servicing machines or equipment. It also includes lubricating, cleaning, unjamming, and making tool changes.

Setting-up. Work done to prepare a machine or equipment for normal production operations.

Tagout. Placing a tagout device on an energy-isolating device using an established procedure to indicate that the energy-isolating device and the machine or equipment being controlled may not be operated until the tagout device is removed.

Tagout device. A prominent warning device, such as a tag and a means of attachment. It can be securely fastened to an energy-isolating device to indicate that the energy-isolating device and the machine or equipment being controlled may not be operated until the tagout device is removed.

You. See definition of employer.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 04-15-105, 296-803-800, filed 7/20/04, effective 11/1/04.]

Washington State Code Reviser's Office