[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Notices]
[Pages 12209-12217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04240]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2019-0004]
Gestamp West Virginia: Grant of Permanent Variance
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice of Permanent Variance.
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SUMMARY: In this notice, OSHA grants a permanent variance to Gestamp
West Virginia from the provisions of the
OSHA standard that regulate the control of hazardous energy (lockout/
tagout).
DATES: The permanent variance specified by this notice becomes
effective on March 2, 2021 and shall remain in effect until OSHA
revokes this permanent variance.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, phone: (202) 693-1999; email:
meilinger.francis2@dol.gov.
General and Technical Information: Contact Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor; phone:
(202) 693-2110 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
Copies of this Federal Register notice: Electronic copies of this
Federal Register notice are available at https://www.regulations.gov.
This Federal Register notice and other relevant information are also
available at OSHA's web page at https://www.osha.gov.
I. Notice of Application
On July 30, 2018, OSHA received a variance application from Gestamp
West Virginia LLC (``Gestamp'' or ``the applicant'') from the provision
of the OSHA standard that regulates the control of hazardous energy
(``lockout/tagout'' or ``LOTO'') for their South Charleston, West
Virginia facility. Specifically, Gestamp sought a variance from the
provision of the standard that requires ``all energy isolating devices
needed to control the energy to the machine or equipment shall be
physically located and operated in a manner as to isolate the machine
or equipment from the energy source(s).'' (29 CFR 1910.147(d)(3)).
Gestamp also requested an interim order pending OSHA's decision on the
application for a variance (Document ID No. OSHA-2019-0004-0002).
According to the application, Gestamp makes parts for the
automotive industry. Gestamp uses a Trumpf laser cell to trim excess
metal from automotive parts and burn holes into those parts. The laser
operates using a stream of monochromatic coherent light to emit very
high levels of energy to cut metal parts. The laser trimming process
occurs within a fully enclosed machine structure (cell), which contains
the laser that is mounted onto a multi-axis transport to allow the
laser to cut at a variety of angles; a turntable to load the rough
parts to be cut using the laser; a water chilling system used to cool
the laser; and numerous engineering controls that prevent unauthorized
access to the interior of the cell. When actuated, the turntable
rotates to the inside of the machine and presents the parts to the
laser. The laser system functions in a robotic manner, with axes of
motion to cut the metal parts. The laser is managed by a Human Machine
Interface (HMI), an interface by which the operator inputs commands to
and receives information from the laser cell machine.
The laser trimming process creates a byproduct of chaff, dust,
dirt, chips, and slugs that must be cleaned from the machine enclosure
cell frequently to enable the laser to function properly. The cleaning
is performed by operators and/or maintenance personnel inside the cell
and involves sweeping up the byproducts and debris left on the floor of
the cell during the operation. These cleaning activities occur at the
end of each shift and typically require about 15 minutes to complete.
Gestamp asserts that without frequent cleaning, the laser system
would not function properly. Further, the applicant asserts that while
the laser has the capability of being de-energized and isolated as
required by OSHA and ANSI standards, frequent powering down and locking
out of the laser greatly reduces the performance and overall life of
the laser because it takes anywhere from 30 minutes to several hours to
power back up after being completely shut down, which reduces the
efficiency of the laser. The applicant notes that powering down the
laser to perform cleaning activities requires the addition of auxiliary
lighting, which would involve the use of extension cords and portable
lights, potentially introducing fall and shock hazards. Additionally,
the applicant notes that the primary electrical disconnects are not
designed or intended for frequent cycling and would increase the risk
of arc flash hazards to employees.
OSHA initiated a technical review of Gestamp's variance application
and developed a set of follow-up questions regarding the assertion that
the alternative measures provide equivalent worker protection. On March
15, 2019, Gestamp provided supplemental materials to support the
variance application including: A side by side analysis of the
requirement of the standard and the proposed alternative (OSHA-2019-
0004-0005), a safety work instruction outlining their proposed
alternative (OSHA-2019-0004-0004), and a description of Gestamp's
Lockout/Tagout Program (OSHA-2019-0004-0003). In reviewing the
application, OSHA evaluated the alternative energy control procedures
identified in the variance application and the supplemental materials
provided by Gestamp.
OSHA reviewed Gestamp's application for the variance and interim
order and determined that they were appropriately submitted in
compliance with the applicable variance procedures in Section 6(d) of
the Occupational Safety and Health Act of 1970 (OSH Act, 29 U.S.C.
655(d)) and OSHA's regulations at 29 CFR 1905.11 (``Variances and other
relief under section 6(d)''), including the requirement that the
applicant inform workers and their representatives of their rights to
petition the Assistant Secretary of Labor for Occupational Safety and
Health for a hearing on the variance application.
Following this review, OSHA determined that the applicant's
proposed alternative, subject to the conditions in the request and
imposed by the Interim Order, provides a workplace that is as safe and
healthful as those required by the OSHA standard. On August 5, 2020,
OSHA published a Federal Register notice announcing Gestamp's
application for a permanent variance, stating the preliminary
determination along with the basis of that determination, and granting
the Interim Order (85 FR 47422). OSHA requested comments on each.
OSHA did not receive any comments or other information disputing
the preliminary determination that the alternative was at least as safe
as OSHA's standard, nor any objections to OSHA granting a permanent
variance. One comment was received (OSHA-2019-0004-0006) supporting
Gestamp's application. This comment did not require a response from the
agency. Accordingly, through this notice OSHA grants a permanent
variance subject to the conditions set out in this document.
II. The Variance Application
A. Background
Gestamp's variance application and the responses to OSHA's follow-
up questions included the following: Detailed descriptions of the laser
cutting process; the equipment used in the laser cutting process; the
proposed alternative to completely isolating the laser during cleaning
activities; and technical evidence supporting Gestamp's assertions that
its alternative methods provide equivalent worker protection.
According to the information included in the application, Gestamp's
laser is considered a Class 4 operation. Class 4 operations are defined
by ANSI as ``very dangerous to the eyes and skin, with a risk of fire
and explosion.\1\ No workers are allowed inside the laser cell while
the laser is being used. Instead, the operator's station is located
outside of the laser cell and the operator uses hand controls to
activate the laser turntable. The laser cutting system is a fully
enclosed structure, with the laser operating similar to a robot. The
laser is affixed to the end of arm tooling within this fixed structure.
Stamped parts are loaded into the cell and unloaded from the cell
structure via a turntable from outside of the laser cell. When
actuated, the turntable rotates to the inside of the machine and
presents the parts to the laser. The turntable cannot rotate until the
operator clears the light curtain, which is used as a safeguard
blocking access between the turntable and the operator's station.
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\1\ ANSI B11.21 and ANSI Z136.1
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As noted above, the laser trimming process creates a byproduct of
chaff, dust, direct, chips, slugs, and debris, and the laser system
must be cleaned to enable the laser to function properly. The laser
cell has access doors to enable cleaning and certain other necessary
tasks to be performed inside the cell. The access doors utilize
interlocked switches that disable hazardous motion of the turntable and
laser energy when opened.
The machine enclosure of the Trumpf laser cell is protected by two
entry/exit points: A far access door and a near access door. Each
access door has an interlock switch that is integrated into the laser
and machinery motions. When the door to the laser cell is opened, the
release of laser energy is inhibited and the machine axes cannot move.
Further, Gestamp added red mechanical latches (hasps) to the external
side of each entry door that allow a lock or a group lockout hasp or
lock to be affixed, thus locking the hatch in its location.
In addition, Gestamp has implemented procedures to prevent the door
from closing during laser cell cleaning activities, which could actuate
the system. Gestamp requires all personnel entering the laser cell to
individually lockout by placing their individual lock on the slide bar.
Each employee entering the laser cell must remove his own personal key
from his individual lock or hasp, take the key into the cell, and keep
the key in his possession the entire time he is in the laser cell. If
more than one employee enters the cell, one of the employees shall be
designated the Leader of the cleaning crew. The Leader can only remove
his lock after he has verified that everyone else in the cleaning crew
has left the laser cell.
Gestamp contends that the alternative energy control procedures
included in the application provide the workers with a place of
employment that is at least as safe and healthful as they would obtain
under the existing provisions of OSHA's control of hazardous energy
(lockout/tagout) standard. Gestamp certifies that it provided employee
representatives of affected workers with a copy of the variance
application. Gestamp also certifies that it notified the workers of the
variance application by posting, at prominent locations where it
normally posts workplace notices, a summary of the application and
information specifying where the workers can examine a copy of the
application. In addition, the applicant informed the workers and their
representatives of their rights to petition the Assistant Secretary of
Labor for Occupational Safety and Health for a hearing on the variance
application.
B. Variance From 29 CFR 1910.147(d)(3)
As an alternative means of complying with the requirements of
1910.147(d)(3), Gestamp proposed to use a comprehensive engineered
system and appropriate administrative procedures. The applicant
referenced ANSI/ASSE Z244.1-2016, clause 8, which states that ``Lockout
or tagout shall be used unless the user can demonstrate an alternative
method will provide effective protection by persons. When lockout or
tagout is not used, then alternative methods shall be used only after
the hazards have been assessed and risks documented'' as the basis for
their alternative lockout method. Gestamp asserted in the variance
application that the cleaning task within the Trumpf laser cell is one
that requires access to the machine in a manner that renders full
lockout infeasible. Because the Trumpf laser cell is a Class 4
operation, no one is allowed inside the machine enclosure during laser
operations. Gestamp also asserted in the variance application that
because the cleaning task occurs on a frequent basis, regular powering
down and locking out of the laser to perform the routine cleaning
operations could damage the laser over time. Further, full lockout of
the laser cell requires the use of auxiliary lighting sources, which
could introduce fall and shock hazards into the cleaning operation.
Additionally, the design of the Trumpf laser cell includes advanced
control systems that prevent engagement of the laser while the laser
cell is occupied. As an alternative energy control procedure, Gestamp
has developed an engineered system that uses red mechanical latches
attached to the external side of each door of the laser cell. The
latches are secured to the frame of the machine with two metal screws
and have a locking capacity that allows a lock or a group lockout hasp
to be affixed; this latch prevents the door from closing and the laser
from being able to be energized during laser cell cleaning operations.
Gestamp maintained that use of the proposed latch system provides a
level of safety equivalent to what can be achieved by strict compliance
with the standard at 1910.147(d)(3). According to Gestamp's variance
application, equivalent safety is achieved by prohibiting the release
of laser energy during cleaning operations utilizing a modified door
latch that prevents unintentional re-energization of the laser. In the
variance application, Gestamp provided the following step-by-step
details of the safety procedures to be followed prior to and following
cleaning activities:
Process To Enter Trumpf Laser Cell To Perform Cleaning Activities
1. Communicate to the Operator and coworkers in the area that
cleaning will take place. At the Human Machine Interface (HMI) screen,
change the Series Production from ``Continuous Job'' to ``Single Job.''
Once the turntable has come to a complete stop, open one of the doors
on the side of the laser cell by using the handle.
2. After the door is open, communicate the lockout to coworkers and
move the red slide bar to prevent the door from being shut while
inside. All personnel entering the laser cell must individually
lockout, by placing their individual lock on the slide bar or hasp. If
more than one person is to enter on either side, a lockout hasp must be
used.
3. After locking out on the laser cell, verify that ``Feed Hold
Through Safety Device Error'' is displayed on the HMI screen.
4. To verify that the turntable will not move while working inside
of the laser cell, hit the green activation button. Employees can enter
the laser cell only after these four (4) steps are completed.
5. When work is completed inside the laser cell, all employees who
entered the cell, except the Leader when more than one employee
entered, shall exit and remove their individual locks. Once all other
employees are outside of the laser cell, the Leader must verify his
location and hit the Danger Zone Acknowledge Button on the inside of
the cell door. The Leader must immediately exit the cell, remove his
lock, move the slide bar back to allow the door to shut, and shut the
door.
6. Once cleaning of the laser cell is complete and all employees
are clear of the restricted area, place the laser HMI back into
production by placing the Series Production from ``Single Job'' to
``Continuous Job'' by clicking the ``Continuous Job'' button.
7. After the HMI has been released to production, press the green
button which resets the light curtains and causes the robot to place
the next part on the turntable.
Process To Restart Trumpf Laser Cell After Door Is Opened
1. Remove all padlocks from mechanical latch from the far access
door.
2. Open the mechanical latch.
3. Visually inspect area for the presence of persons or tools.
4. Close the far machine enclosure door.
5. Walk to near access door.
6. Remove all padlocks from mechanical latch from the near access
door.
7. Open the mechanical latch.
8. Visually inspect area for the presence of persons or tools.
9. Press the reset switch on inside of the machine enclosure.
10. Close the door within 3-4 seconds of pressing the reset switch.
11. Turn the key switch on the HMI to enable operations.
12. Engage HMI to activate laser.
13. Enable continuous mode operation (push button) within HMI.
The proposed door latch system cannot be easily defeated or
tampered with. Gestamp asserts that this alternative meets the
requirements for control reliability as stated in ANSI B11.0 and ANSI
Z244.1, in that no single fault of a component, wire, device or other
element will result in the loss of the safety function.\2\ According to
the variance application, in the event of a fault, the laser will
achieve a safe state by inhibiting lasing, machine motions, and the
release of hazardous energy. In addition, the system includes system
fault monitoring, tamper resistance, and exclusive employee control
over lockout devices. The Trumpf laser machine enclosure has a door
interlock switch that is integrated to the laser and machinery motions.
When the door to the laser cell is open, the release of laser energy is
inhibited and the machine axes cannot move; therefore the laser will
not operate.
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\2\ ANSI B11.0 defines control reliability as the capability of
the [machine] control system, the engineering control devices, other
control components and related interfacing to achieve a safe state
in the event of a failure within the safety-related parts of the
control system.
ANSI Z244.1 defines control reliability as the capability of
the machine, equipment or process control system, the safeguarding,
other control components and related interfacing to achieve a safe
state in the event of a failure within their safety-related
functions.
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To enhance the lockout functions of the Trumpf laser cell, Gestamp
added red mechanical latches to the external side of each entry door to
the laser cell. The lockable interface switches used with the
mechanical latches are designed to be used as lockable devices. The
circuitry of the lockable interlock switches inhibit both machinery
motions and laser energy release with the Trumpf enclosure door
switches and will not operate when disengaged.
C. Technical Review
OSHA conducted a review of Gestamp's application and the supporting
technical documentation. After completing the review of the application
and supporting documentation, OSHA concludes that Gestamp:
1. Modified the access door with red mechanical latches with a
slide bar to prevent the door from being closed while cleaning
activities are performed within the laser cell;
2. Installed a personal lock control system and implemented
administrative energy control procedures that prevent employee exposure
to hazards associated with energy while performing cleaning activities
within the laser cell;
3. Performed a job hazard analysis for tasks associated with
cleaning the laser cell and conducted and documented an electrical
isolation analysis, system and functional safety reviews, and control
reliability analysis to verify that the use of the latch system and
administrative energy control procedures prevent the closure of the
doors to the laser cell, prevent mistaken or intentional re-
energization, and maintain immobility in the event of fault conditions;
4. Developed detailed administrative energy control procedures for
entering the laser cell to perform cleaning functions and distinguished
these work procedures from other tasks that require full lockout;
5. Implemented detailed administrative energy control procedures
designed to ensure that each authorized employee applies a personal
lock to the secondary group lock box;
6. Made the administrative energy control policies and procedures
available to employees;
7. Trained authorized and affected employees on the application of
the proposed alternative work practice and associated administrative
energy control policies and procedures; and
8. Developed a LOTO procedure which includes administrative
controls to minimize the potential for authorized and affected
employees to enter the laser cell when harm could occur.
After the technical review identified above, OSHA concludes that
Gestamp has established an alternative work practice that provides
workers protection equivalent to that required by the standard.
Specifically, the LOTO process for the Trumpf laser cell identified in
the variance application regulates the control of hazardous energy from
the laser during the maintenance task of cleaning.
III. Description of the Conditions Specified for the Permanent Variance
As previously indicated in this notice, OSHA conducted a review of
Gestamp's application and supporting documentation. OSHA determined
that Gestamp developed and proposed to implement effective alternative
means of protection that provides protection to their employees ``as
safe and healthful'' as protections required within paragraph
1910.147(d)(4)(iii) of OSHA's LOTO standard during the maintenance task
of cleaning the Trumpf laser cell. Therefore, on August 5, 2020, OSHA
published a Federal Register notice announcing Gestamp's application
for a permanent variance and interim order, grant of an interim order,
and request for comments (85 FR 47422). The agency requested comments
by September 4, 2020. There was one comment received in response to
this notice in support of the application (OSHA-2019-0004-0006),
however this comment did not require a response from OSHA.
During the period starting with the August 5, 2020, publication of
the preliminary Federal Register notice announcing grant of the Interim
Order until the agency modifies or revokes the Interim Order or makes a
decision on the application for a permanent variance, the applicant was
required to comply fully with the conditions of the Interim Order as an
alternative to complying with the requirements of paragraph
1910.147(d)(4)(iii). With the publication of this notice, OSHA is
revoking the Interim Order granted to the employer on August 5, 2020.
This section describes the conditions that comprise the alternative
means of compliance with 29 CFR 1910.147(d)(4)(iii). Also, these
conditions provide additional detail regarding the conditions that form
the basis of the permanent variance OSHA is granting to Gestamp.
Condition A: Scope
The scope of the permanent variance limits coverage to the work
conditions specified under this condition. Clearly defining the scope
of the permanent variance provides Gestamp, their employees, potential
future applicants, other stakeholders, the public, and OSHA with
necessary information regarding the work situations in which the
permanent variance applies. To the extent that Gestamp conducts work
outside the scope of this variance, it will be required to comply with
OSHA's standards.
Pursuant to 29 CFR 1905.11, an employer (or class or group of
employers) \3\ may request a permanent variance for a specific
workplace or workplaces. When OSHA approves a permanent variance, it
applies only to the specific employer(s) that submitted the application
and only to the specific workplace or workplaces designated as part of
the project. In this instance, OSHA's grant of a permanent variance
applies only to the applicant, Gestamp, and only at the South
Charleston, WV plant and to no other employers or any other Gestamp
plant locations.
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\3\ A class or group of employers (such as members of a trade
alliance or association) may apply jointly for a variance provided
an authorized representative for each employer signs the application
and the application identifies each employer's affected facilities.
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Condition B: List of Abbreviations
The following abbreviations apply to this permanent variance:
1. CFR--Code of Federal Regulations
2. JHA--Job hazard analysis
3. HMI--Human Machine Interface
4. OSHA--Occupational Safety and Health Administration
5. OTPCA--Office of Technical Programs and Coordination Activities
Condition C: List of Definitions
The permanent variance includes definitions for a series of terms.
Defining these terms serves to enhance the applicant's and the
employees' understanding of the conditions specified by the proposed
permanent variance.
1. Affected employee or worker--an employee or worker who is
affected by the conditions of this proposed permanent variance, or any
one of his authorized representatives. The term ``employee'' has the
meaning defined and used under the OSH Act (29 U.S.C. 651 et seq.).
2. Competent person--an individual who is capable of identifying
existing and predictable hazards in the surroundings or working
conditions associated with the Trumpf laser cell that are unsanitary,
hazardous, or dangerous to employees, and who has authorization to take
prompt corrective measures to eliminate them.
3. Energy isolating device--a mechanical device that physically
prevents the transmission or release of energy, including but not
limited to the following: A manually operated electrical circuit
breaker; a disconnect switch; a manually operated switch by which the
conductors of a circuit can be disconnected from all ungrounded supply
conductors, and, in addition, no pole can be operated independently; a
line valve; a block; and any similar device used to block or isolate
energy. Push buttons, selector switches, and other control circuit type
devices are not energy isolating devices.
4. Group Lockout/Tagout Mechanism--any device or mechanism that
when used as part of a group LOTO system, permits each individual
employee to use his personal lockout or tagout devices (Group lockout
hasps or lockboxes that procedurally control equipment reenergization)
to physically secure energy isolating devices.\4\
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\4\ See 29 CFR part 1910.147(f)(3) Group Lockout/Tagout.
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5. Job hazard analysis--an evaluation of tasks or operations to
identify potential hazards and to determine the necessary controls.
6. Leader--a single authorized employee who assumes the overall
responsibility for the control of hazardous energy for all members of
the group if more than one employee enters the Trumpf laser cell to
perform cleaning activities.
7. Lockout--the placement of a lockout device on an energy
isolating device, in accordance with an established procedure, ensuring
that the energy isolating device and the equipment being controlled
cannot be operated until the lockout device is removed.
8. Lockout device--a device that utilizes a positive means such as
a lock, either key or combination type, to hold an energy isolating
device in the safe position and prevent the energizing of a machine or
equipment.
9. Personal lock and key--a durable, standardized substantial and
uniquely identified device (a lock) that is maintained and controlled
by a single authorized employee whose name is attached to the device.
The key is unique to the device and is equally maintained and
controlled by the authorized employee whose name is attached to the
device.
10. Operator--a production operator responsible for performing
laser assembly operations pursuant to Gestamp company policies and
procedures.
11. Qualified person--an individual who, by possession of a
recognized degree, certificate, or professional standing, or who, by
extensive knowledge, training, and experience, successfully
demonstrates an ability to solve or resolve problems relating to the
subject matter or the work.
12. Servicing and/or maintenance--workplace activities such as
constructing, installing, setting up, adjusting, inspecting, modifying,
and maintaining and/or servicing machines or equipment. These
activities include lubrication, cleaning or unjamming of machines or
equipment and making adjustments or tool changes, where the employee
may be exposed to the unexpected energization or startup of the
equipment or release of hazardous energy.
13. Tagout--the placement of a tagout device on an energy isolating
device, in accordance with an established procedure, to indicate that
the energy isolating device and the equipment being controlled may not
be operated until the tagout device is removed.
Condition D: Safety and Health Practices
This condition requires the applicant to: (1) Modify certain
controls at the entry door to the laser cell by ensuring that exclusive
control is provided to each employee involved in cleaning activities
within the machine, under the direction of the Leader who oversees
energy control operations during the cleaning activity; (2) utilize a
latch with a slide bar, designed to prevent the door from closing; (3)
ensure that opening the door of the laser cell shuts down the machinery
in the cell; and (4) adhere to the Group LOTO procedure in the Laser
Cleaning Work Instruction provided to OSHA with the variance
application.
Condition E: Steps Required To De-energize the System
This condition requires the applicant to develop and implement a
detailed procedure for de-energizing the laser cell in order to perform
the maintenance task of cleaning within the laser cell. The procedure
for de-energizing the laser cell includes a series of steps to remove
the ability of the Trumpf laser cell to become energized before or
during the maintenance task of cleaning.
Condition F: Steps Required To Re-energize the Laser Cell
This condition requires the applicant to develop and implement a
detailed procedure for re-energizing the laser cell in order to resume
normal laser cutting operations. The procedure for re-energizing the
laser cell includes a series of steps so that the Trumpf laser cell can
resume laser cutting activities when cleaning activities within the
laser cell are complete.
Condition G: Communication
This condition requires the applicant to develop and implement an
effective system of information sharing and communication. Effective
information sharing and communication are intended to ensure that
affected workers receive updated information regarding any safety-
related hazards and incidents and corrective actions taken, prior to
the start of each shift. The condition also requires the applicant to
ensure that reliable means of emergency communications are available
and maintained for affected workers and support personnel during laser
cleaning activities. Availability of such reliable means of
communications enables affected workers and support personnel to
respond quickly and effectively to hazardous conditions or emergencies
that may develop during laser cleaning operations.
Condition H: Worker Qualification and Training
This condition requires Gestamp to develop and implement an
effective hazardous energy control qualification and training program
for authorized employees involved in cleaning activities in or around
the laser cell. Additionally, Condition H requires Gestamp to train
each affected employee on the purpose and use of the alternative energy
control procedures. All training must be provided in a language that
the employees can understand.
The condition specifies the factors that an affected worker must
know to perform the maintenance task of cleaning inside the laser cell,
including how to enter, work in, and exit from the laser cell under
both normal and emergency conditions. Having well-trained and qualified
workers performing laser cleaning activities is intended to ensure that
they recognize, and respond appropriately to, electrical safety and
health hazards. These qualification and training requirements enable
affected workers to cope effectively with emergencies, thereby
preventing worker injury, illness, and fatalities.
Condition I: Inspections, Tests, and Accident Prevention
Condition I requires the applicant to develop, implement, and
operate an effective program of frequent and regular inspections of the
laser equipment, electrical support systems, and associated work areas.
This condition will help to ensure the safe operation and physical
integrity of the equipment and work areas necessary to conduct the
maintenance task of cleaning in the Trumpf laser cell.
This condition also requires the applicant to conduct tests,
inspections, corrective actions and repairs involving the use of the
energy isolation devices identified in the application for a permanent
variance. Further, this requirement provides the applicant with
information needed to schedule tests and inspections to ensure the
continued safe operation of the equipment and systems and to determine
that the actions taken to correct defects are appropriate.
Condition J: Recordkeeping
Under OSHA's existing recordkeeping requirements in 29 CFR part
1904, Gestamp must maintain a record of any recordable injury, illness,
or fatality (as defined by 29 CFR part 1904) resulting from exposure of
an employee to electrical conditions by completing OSHA Form 301
Incident Report and OSHA Form 300 Log of Work Related Injuries and
Illnesses.
Condition K: Notifications
Under this condition, the applicant is required, within specified
periods of time, to: (1) Notify OSHA of any recordable injury, illness,
in-patient hospitalization, amputation, loss of an eye, or fatality
that occurs as a result of cleaning activities around the laser cell;
(2) provide OSHA a copy of the incident investigation report (using
OSHA Form 301 Injury and Illness Incident Report) of these events
within 24 hours of the incident; (3) include on OSHA Form 301 Injury
and Illness Incident Report information on the conditions associated
with the recordable injury or illness, the root-cause determination,
and preventive and corrective actions identified and implemented; (4)
provide the certification that affected workers were informed of the
incident and the results of the incident investigation; (5) notify
OSHA's Office of Technical Programs and Coordination Activities (OTPCA)
and the Charleston, West Virginia OSHA Area Office within 15 working
days should the applicant need to revise the procedures to accommodate
for any changes in the maintenance task of cleaning the Trumpf laser
cell that affect Gestamp's ability to comply with the conditions of the
permanent variance; (6) provide OTPCA and the Charleston, West Virginia
Area Office within 15 working days should the applicant need to revise
the energy isolation procedures to accommodate changes in the
application of the door switch that affect the ability to comply with
the conditions of the permanent variance; and (7) provide OTPCA and the
Charleston, West Virginia Area Office, by January 31 of each calendar
year, with a report evaluating the effectiveness of the alternative
energy control procedures in the previous calendar year.
Additionally, Gestamp must notify OSHA if it ceases to do business,
has a new address or location for the main office, or transfers the
operations covered by the permanent variance to a successor company. In
addition, the transfer of the permanent variance to a successor company
must be approved by OSHA. These requirements allow OSHA to communicate
effectively with the applicant regarding the status of the permanent
variance and expedite the agency's administration and enforcement of
the permanent variance. Stipulating that an applicant is required to
have OSHA's approval to transfer a variance to a successor company
provides assurance that the successor company has knowledge of, and
will comply with, the conditions specified by permanent variance,
thereby ensuring the safety of workers involved in performing the
operations covered by the permanent variance.
IV. Decision
As described earlier in this notice, after reviewing the proposed
alternative, OSHA determined that Gestamp developed, and proposed to
implement, effective alternative means of protection that protect its
employees as effectively as paragraphs 1910.147(d)(4)(iii) of OSHA's
LOTO standard during the maintenance task of cleaning the Trumpf laser
cell. Further, under section 6(d) of the OSH Act (29 U.S.C. 655(d)),
and based on the record discussed above, the agency finds that when the
employer complies with the conditions of the variance, the working
conditions of the employer's workers are at least as safe and healthful
as if the employer complied with the working conditions specified by
paragraph 1910.147(d)(4)(iii) of OSHA's LOTO standard. Therefore, under
the terms of this variance Gestamp must: (1) Comply
with the conditions listed below under section V of this notice
(``Order'') for the period between the date of this notice and until
the agency modifies or revokes this final order in accordance with 29
CFR 1905.13; (2) comply fully with all other applicable provisions of
29 CFR part 1910; and (3) provide a copy of this Federal Register
notice to all employees affected by the conditions using the same means
it used to inform these employees of its application for a permanent
variance.
V. Order
As of the effective date of this final order, OSHA is revoking the
Interim Order granted to the employer on August 5, 2020 (85 FR 47422).
OSHA issues this final order authorizing Gestamp West Virginia LLC
(``Gestamp'' or ``the applicant'') to comply with the following
conditions instead of complying with the requirements of paragraphs 29
CFR 1910.147(d)(4)(iii) of OSHA's LOTO standard during the maintenance
task of cleaning the Trumpf laser cell. This final order applies to all
Gestamp employees located at 3100 MacCorkle Avenue SW, Building 307,
South Charleston, West Virginia 25303.
A. Scope
1. This permanent variance applies only to the maintenance task of
cleaning the Trumpf laser cell at Gestamp's South Charleston, WV,
establishment. This work is to be performed by authorized employees
under the alternative energy control procedures submitted to OSHA as
part of this application for a permanent variance.
2. No other servicing and/or maintenance work, including electrical
maintenance (such as troubleshooting or maintenance covered under 29
CFR 1910.333), may be performed using the conditions of this interim
order. These activities are to be performed under full lockout as
required by 29 CFR 1910.147.
3. Except for the requirements specified by 29 CFR 1910.147(d)(3),
Gestamp must comply fully with all other applicable provisions of 29
CFR 1910.147 during cleaning activities of the laser cell.
4. The Interim Order granted to Gestamp on August 5, 2020 (85 FR
47422), is hereby revoked.
B. List of Abbreviations
The following abbreviations apply to this permanent variance:
1. CFR--Code of Federal Regulations
2. JHA--Job hazard analysis
3. HMI--Human Machine Interface
4. OSHA--Occupational Safety and Health Administration
5. OTPCA--Office of Technical Programs and Coordination Activities
C. Definitions
The following definitions apply to this permanent variance:
1. Affected employee or worker--an employee or worker who is
affected by the conditions of this permanent variance, or any one of
his authorized representatives. The term ``employee'' has the meaning
defined and used under the OSH Act (29 U.S.C. 651 et seq.).
2. Competent person--an individual who is capable of identifying
existing and predictable hazards in the surroundings or working
conditions associated with the Trumpf laser cell that are unsanitary,
hazardous, or dangerous to employees, and who has authorization to take
prompt corrective measures to eliminate them.
3. Energy isolating device--a mechanical device that physically
prevents the transmission or release of energy, including but not
limited to the following: A manually operated electrical circuit
breaker; a disconnect switch; a manually operated switch by which the
conductors of a circuit can be disconnected from all ungrounded supply
conductors, and, in addition, no pole can be operated independently; a
line valve; a block; and any similar device used to block or isolate
energy. Push buttons, selector switches, and other control circuit type
devices are not energy isolating devices.
4. Group Lockout/Tagout Mechanism--any device or mechanism that
when used as part of a group LOTO system, permits each individual
employee to use his personal lockout or tagout devices (group lockout
hasps or lockboxes that procedurally control equipment re-energization)
to physically secure energy isolating devices.
5. Job hazard analysis--an evaluation of tasks or operations to
identify potential hazards and to determine the necessary controls.
6. Leader--a single authorized employee that assumes the overall
responsibility for the control of hazardous energy if more than one
employee enters the Trumpf laser cell to perform cleaning activities.
7. Lockout--the placement of a lockout device on an energy
isolating device, in accordance with an established procedure, ensuring
that the energy isolating device and the equipment being controlled
cannot be operated until the lockout device is removed.
8. Lockout device--a device that utilizes a positive means such as
a lock, either key or combination type, to hold an energy isolating
device in the safe position and prevent the energizing of a machine or
equipment.
9. Personal lock and key--a durable, standardized substantial and
uniquely identified device (a lock) that is maintained and controlled
by a single authorized employee whose name is attached to the device.
The key is unique to the device and is equally maintained and
controlled by the authorized employee whose name is attached to the
device.
10. Operator--a production operator responsible for performing
laser assembly operations pursuant to Gestamp company policies and
procedures.
11. Qualified person--an individual who, by possession of a
recognized degree, certificate, or professional standing, or who, by
extensive knowledge, training, and experience, successfully
demonstrates an ability to solve or resolve problems relating to the
subject matter or, the work.
12. Servicing and/or maintenance--workplace activities such as
constructing, installing, setting up, adjusting, inspecting, modifying,
and maintaining and/or servicing machines or equipment. These
activities include lubrication, cleaning or unjamming of machines or
equipment and making adjustments or tool changes, where the employee
may be exposed to the unexpected energization or startup of the
equipment or release of hazardous energy.
13. Tagout--the placement of a tagout device on an energy isolating
device, in accordance with an established procedure, to indicate that
the energy isolating device and the equipment being controlled may not
be operated until the tagout device is removed.
D. Safety and Health Practices
1. Gestamp must modify certain controls at the entry door to the
laser cell by ensuring that exclusive control is provided to each
employee involved in cleaning activities within the laser cell, under
the direction of the Leader who oversees energy control operating
during the cleaning activity;
2. Gestamp must utilize a latch with a slide bar, designed to
prevent the door from closing;
3. Gestamp must ensure that opening the door to the laser cell
shuts down the machinery in the cell;
4. Gestamp must adhere to the Group LOTO procedure in the Laser
Cleaning Work Instruction provided to OSHA with the variance
application;
5. Gestamp must implement the safety and health instructions
included in the manufacturer's operations manuals for
the Trumpf laser cell and the safety and health instructions provided
by the manufacturer for the operation of laser cutting equipment; and
6. Gestamp must implement a procedure to ensure that no other
servicing and/or maintenance activities aside from cleaning will be
performed on the laser cutter, unless full lockout is used.
E. Steps Required To De-Energize the System
Gestamp must implement a detailed procedure for de-energizing the
laser cutting machine that will consist of the following steps to
ensure that the laser cell door is prevented from closing and the
machine starting during cleaning activities within the laser cell:
1. The authorized employee entering the laser cell will communicate
to the Operator and co-workers in that area that cleaning will take
place;
2. At the HMI screen, the Operator shall change the Series
Production from ``Continuous Job'' to ``Single Job'';
3. Once the turntable has come to a complete stop, the Operator
shall open one of the doors on the side of the laser cell by using the
handle;
4. After the door is open, the Operator shall communicate the
lockout to his co-workers and move the red slide bar to prevent the
door to the laser cell from being shut while personnel are inside;
5. All personnel entering the laser cell must individually lockout,
by placing a lock on the slide bar or hasp. If more than one person is
to enter on either side, a lockout hasp must be used;
6. Each employee entering the cell must remove his own personal key
from the lock or hasp, take the key into the cell, and keep the key in
his possession the entire time he is in the cell;
7. If more than one employee enters the laser cell, one of the
employees shall be designated the Leader of the cleaning operation;
8. After locking out the laser cell, the Operator shall verify that
the ``Feed Hold Through Safety Device Error'' is displayed on the HMI
screen; and
9. To verify that the turntable will not move while working inside
of the laser cell, the Operator shall hit the green activation button.
Entry is not to be made into the cell until the previous 8 steps have
been completed.
F. Steps Required To Re-Energize the Laser Cell
Gestamp must implement a detailed procedure for re-energizing and
intentionally starting motion in the laser cutter in order to resume
normal operations at the conclusion of the cleaning operation. The
procedure for re-energizing the laser cell will consist of the
following steps:
1. When work is completed inside the laser cell, all employees who
entered the cell, except the Leader (when more than one employee
entered), shall exit and remove their locks;
2. The Leader/Solo Employee shall open the mechanical latch;
3. The Leader/Solo Employee shall visually inspect the area for the
presence of persons or tools within the laser cell;
4. Once all other employees are outside of the laser cell, the
Leader/Solo Employee must verify his location and hit the Danger Zone
Acknowledge Button on the inside of the cell door;
5. The Leader/Solo Employee must exit immediately, remove his lock,
move the slide bar back to allow the door to shut, and shut the door.
The door must shut within 3-4 seconds of hitting the Danger Zone
Acknowledge Button. The 3-4 second limitation ensures that no one can
enter or re-enter into the machine enclosure between the visual
inspection and restart.
6. Once the cleaning operation is complete and employees are clear
of the restricted area, the Leader/Solo Employee shall place the laser
HMI back into production by placing the Series Production from ``Single
Job'' to ``Continuous Job'' by pressing the ``Continuous Job'' button;
7. After the HMI has been released to production, the Leader/Solo
Employee shall press the green button which resets the light curtains
and causes the robot to place the next part on the turntable; and
8. Both entry doors to the laser cell must be closed before
operations can resume. An engineering control within the Trumpf laser
cell prevents engagement of the laser until both doors are closed.
G. Communication
Gestamp must:
1. Implement a system that informs workers using energy isolation
devices of any hazardous occurrences or conditions that might affect
their safety; and
2. Provide a means of communication among affected workers where
unassisted voice communication is inadequate.
H. Worker Qualifications and Training
Gestamp must develop and implement a detailed worker qualification
and training program. All training must be provided in a language that
the employees can understand. Gestamp must:
1. Develop an energy control training program and train each
authorized employee on the latch system and the procedures required
under it;
2. Develop and document a training program and train each affected
employee in the purpose and use of the alternative energy control
procedures using the latch system;
3. Develop a training program and train other employees whose work
operations are or may be in an area where energy control procedures may
be utilized. These employees will receive training about the procedure
and about the prohibition relating to attempts to restart or reenergize
machines or equipment that are locked out;
4. Ensure that each authorized employee, affected employee, and
other employees have effective and documented training in the contents
and conditions covered by this permanent variance and interim order;
and
5. Ensure that only trained and authorized employees perform energy
control procedures for the task of performing cleaning of the laser
cell at Gestamp's facility.
I. Inspections, Tests, and Accident Prevention
Gestamp must develop and implement a detailed program for
completing inspections, tests, program evaluations, and incident
prevention. Gestamp must:
1. Ensure that a competent person (authorized employee) conducts
daily visual checks and monthly inspections and functionality tests of
the laser cell components and configuration or operation and energy
control procedures that ensure that the procedure and conditions of
this permanent variance and interim order are being followed;
2. Ensure that a competent person conducts weekly inspections of
the work areas associated with the cleaning of the laser cell;
3. Develop a set of checklists to be used by a competent person in
conducting weekly inspections of the energy control procedures used
while performing cleaning activities at the laser cell;
4. Remove from service any equipment that constitutes a safety
hazard until Gestamp corrects the hazardous condition and has the
correction approved by a qualified person; and
5. Maintain records of all tests and inspections of the laser cell,
as well as associated corrective actions and repairs, at the job site
for the duration of the variance. The maintenance, servicing, and
installation of replacement parts must strictly follow the
manufacturer's specifications,
instructions, and limitations, when that information is available.
J. Recordkeeping
In addition to completing OSHA's Form 301 Injury and Illness
Incident Report and OSHA's Form 300 Log of Work-Related Injuries and
Illnesses in the case of injuries that result from cleaning the laser
cell, Gestamp must maintain records of all tests and inspections of the
energy control procedures, as well as associated hazardous condition
corrective actions and repairs.
K. Notifications
To assist OSHA in administering the conditions specified herein,
Gestamp must:
1. Notify all affected employees of this permanent variance by the
same means required to inform them of the application for a variance.
2. Notify the OTPCA and the Charleston, West Virginia, Area Office
of any recordable injury, illness, or fatality (by submitting the
completed OSHA Form 301 Injuries and Illness Incident Report) resulting
from implementing the alternative energy control procedures of the
permanent variance conditions while performing the task of cleaning of
the laser cell, in accordance with 29 CFR 1904. Gestamp shall provide
the notification within 8 hours of the incident or 8 hours after
becoming aware of a recordable injury, illness, or fatality; and a copy
of the incident investigation (OSHA Form 301 Injuries and Illness
Incident Report) must be submitted to OSHA within 24 hours of the
incident or 24 hours after becoming aware of a recordable injury,
illness, or fatality. In addition to the information required by OSHA
Form 301 Injuries and Illness Incident Report, the incident
investigation report must include a root-cause determination and the
preventive and corrective actions identified and implemented.
3. Provide certification to the Charleston, West Virginia, Area
Office within 15 working days of any incident that Gestamp informed
affected workers of the incident and the results of the incident
investigation (including the root-cause determination and preventive
and corrective actions identified and implemented).
4. Obtain OSHA's approval prior to implementing any changes to the
energy control operations that affects Gestamp's ability to comply with
the conditions of this permanent variance.
5. Provide OTPCA and the Charleston, West Virginia, Area Office, by
January 31 at the beginning of each calendar year, with a report
evaluating the effectiveness of the alternative energy control
procedures in the previous calendar year.
6. Notify OTPCA and the Charleston, West Virginia, Area Office as
soon as possible, but no later than seven (7) days after it has
knowledge, that it will:
(i) Cease doing business;
(ii) Have a new address or location for the main office, or
(iii) Transfer the operations specified herein to a successor
company; however, this permanent variance cannot be transferred to a
successor company without OSHA approval.
VI. Authority and Signature
Amanda L. Edens, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2)),
Secretary of Labor's Order No. 8-2020 (85 FR 58393, Sept. 18, 2020),
and 29 CFR 1910.7.
Signed at Washington, DC, on February 23, 2021.
Amanda L. Edens,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-04240 Filed 3-1-21; 8:45 am]
BILLING CODE 4510-26-P
