“You have an active imagination,” said George, the supervisor. “For instance, you’re imagining a hazardous condition that doesn’t even exist.”
“I disagree,” said Tammy, the compliance officer. “You had a machine operator clearing a jam without first locking out power to the device. That’s a violation of our lockout/
tagout rule, so I’m citing you.”“It sounds like you don’t understand your own regulations,” replied George. “Correct me if I’m wrong, but doesn’t the lockout rule only apply when the equipment could be started unexpectedly?”
“That’s correct,” said Tammy.
“Well, in this case, there’s no chance of an unexpected machine startup,” said George.
“How so?” asked Tammy.
“We have only two people working with that machine at the same time,” said George. “Both staffers know where the other one is, so there’s no chance that someone could unexpectedly start the device with a colleague in the danger zone.”
“Yes, under ideal circumstances, each worker would know what the other is doing,” said Tammy, “but you have a bustling workplace with lots of noise and distractions. Someone could be inattentive and start the machine with his or her coworker still clearing the jam.”
“Like I said,” replied George, “you have an active imagination. We’ll challenge your fine.”
Did the company win?
No. The company lost. An administrative law judge working for the Occupational Safety and Health Administration (OSHA) Review Commission refused to overturn the citation.
The judge decided that OSHA’s lockout/tagout rule applied to the specific circumstances of the case, despite the employer’s argument that no one could activate the machine without knowing whether a coworker was in harm’s way.
The judge pointed out that in a bustling, busy and confusing workplace, it’s not hard for employees to become distracted and make mistakes. That’s exactly why OSHA’s lockout/tagout rule was developed: To help avoid injuries caused by human error.
What it means: Staffers must follow procedures
There’s little doubt that it can be a hassle for machine operators to deenergize machines every time there’s a jam. However, as this case illustrates, it’s critically important for staffers to follow lockout/tagout procedures while removing jams from moving machine parts.
Bottom line: If equipment hasn’t been deenergized, a distracted coworker might inadvertently turn on the device and cause an injury that leads to an amputation injury – or worse.
Based on Secretary of Labor v. Midvale Paper Box Co.
(From the Jan. 17, 2022, issue of Safety Alert for Supervisors. To start your no-obligation subscription to the publication right now, please click here.)