ILMA Compoundings February 2017 - 35

WASHINGTON LANDSCAPE

OSHA Proposes Amendment
to "Lockout/Tagout" Rule
By Daniel Bryant
On Jan. 18, 2011, President Barack
Obama signed Executive Order (EO)
13563 - Improving Regulation and
Regulatory Review. One aspect of that
EO instructed federal agencies to conduct
retrospective analyses of ineffective or
outmoded existing rules and try to modify
or streamline them to make them more efficient. In response to that EO, the Occupational Safety and Health Administration
(OSHA) proposed the Standards Improvements Project (SAP)-Phase IV. Phase IV
is a proposed rule that supposedly seeks
to streamline 18 of OSHA's existing rules;
however, some of these proposed modifications are significant changes to existing
rules and standards.
For example, under the guise of the
SAP-Phase IV, OSHA recently issued a
significant proposed modification to its
lockout/tagout (LOTO) rule. LOTO refers
to instances "in which the unexpected
energization or startup of the machine or
equipment, or the release of stored energy
could cause injury to employees." In its
proposed rule, OSHA seeks to remove
the word "unexpected" from the standard,
which, if adopted, could have significant
effects for ILMA members.

LOTO OVERVIEW AND GMC DELCO
Overall, the LOTO rule is designed to
protect employees from being injured by
a machine's stored energy during repair or
servicing and requires that those machines
be de-energized before any servicing is
undertaken. The LOTO regulations are
found at C.F.R. 1910.147, and the rule
"covers the servicing and maintenance

of machine and equipment in which the
unexpected energization or start up of
the machines or equipment or release of
stored energy, could harm employees. The
standard establishes minimum performance requirements for the control of such
hazardous energy." Employers are required
to implement a specific set of procedures
to prevent injury, perform periodic inspections and train employees.

OSHA's proposed rule
largely is a response to
the GMC Delco cases
that were decided over
20 years ago."
OSHA's proposed rule largely is a
response to the GMC Delco cases that
were decided over 20 years ago. OSHA
cited General Motors (GM) for failure to
comply with the LOTO standard; however, GM contested the citation, arguing
that the machine in question required a
multistep process to start. Therefore, any
energization could not be "unexpected."
The administrative law judge agreed with
GM, and OSHA appealed the decision to
the Occupational Safety & Health Review
Commission (OSHRC).
OSHRC affirmed the judge's decision,
noting "[OSHA] interprets it to apply to

every piece of machinery and equipment
regardless of whether it could start up
unexpectedly." OSHA, still dissatisfied
with the result, then appealed to the U.S.
Court of Appeals for the Sixth Circuit.
The Sixth Circuit similarly sided with
GM, adding "This test expressly omits the
word 'unexpected.' An interpretation that
ignores the import of the word is plainly
unreasonable ..."
The Sixth Circuit went on to recommend that OSHA should formally amend
the standard if it desires to expand LOTO's
scope. It took a while, but OSHA finally
took the court's suggestion.

A WAITING GAME
OSHA is clear that it perceives that the
"unexpected" language has been fundamentally misinterpreted and misconstrued by employers and the courts, and
it does not believe that warnings or delays
serve as suitable substitutes for following
the LOTO regulations. If the proposal
becomes final, it will broaden the scope
and applicability of the LOTO standards
for a multitude of companies, including
ILMA members, which would likely
require the overhaul of current procedures
and mechanisms to ensure compliance.
For now, though, we will just have to wait
and see.

Bryant serves as regulatory
counsel to ILMA through
Bassman, Mitchell, Alfano
& Leiter Chtd. He may be
reached at 202-386-7670 or
dbryant@bmalaw.net.

35



ILMA Compoundings February 2017

Table of Contents for the Digital Edition of ILMA Compoundings February 2017

Letter from the CEO
Inside ILMA
What's Coming Up
New Members
Perspective
Industry Rundown
In the Know
International Insight
Market Report
Your New BFF: How Technology Will Boost the Sales and Customer Service Interaction for Your Lubricants Company
The Climate "Accountability" Movement: Why It Matters to the Lubricants Industry
Wind Power Ramps Up Lubricant Demand
Business Hub
Counsel Compound
Washington Landscape
In Network
Portrait
ILMA Compoundings February 2017 - Cover1
ILMA Compoundings February 2017 - Cover2
ILMA Compoundings February 2017 - 1
ILMA Compoundings February 2017 - 2
ILMA Compoundings February 2017 - Letter from the CEO
ILMA Compoundings February 2017 - Inside ILMA
ILMA Compoundings February 2017 - 5
ILMA Compoundings February 2017 - What's Coming Up
ILMA Compoundings February 2017 - New Members
ILMA Compoundings February 2017 - Industry Rundown
ILMA Compoundings February 2017 - 9
ILMA Compoundings February 2017 - 10
ILMA Compoundings February 2017 - In the Know
ILMA Compoundings February 2017 - International Insight
ILMA Compoundings February 2017 - 13
ILMA Compoundings February 2017 - Market Report
ILMA Compoundings February 2017 - 15
ILMA Compoundings February 2017 - Your New BFF: How Technology Will Boost the Sales and Customer Service Interaction for Your Lubricants Company
ILMA Compoundings February 2017 - 17
ILMA Compoundings February 2017 - 18
ILMA Compoundings February 2017 - 19
ILMA Compoundings February 2017 - 20
ILMA Compoundings February 2017 - 21
ILMA Compoundings February 2017 - The Climate "Accountability" Movement: Why It Matters to the Lubricants Industry
ILMA Compoundings February 2017 - 23
ILMA Compoundings February 2017 - 24
ILMA Compoundings February 2017 - 25
ILMA Compoundings February 2017 - Wind Power Ramps Up Lubricant Demand
ILMA Compoundings February 2017 - 27
ILMA Compoundings February 2017 - 28
ILMA Compoundings February 2017 - 29
ILMA Compoundings February 2017 - 30
ILMA Compoundings February 2017 - 31
ILMA Compoundings February 2017 - Business Hub
ILMA Compoundings February 2017 - 33
ILMA Compoundings February 2017 - Counsel Compound
ILMA Compoundings February 2017 - Washington Landscape
ILMA Compoundings February 2017 - 36
ILMA Compoundings February 2017 - 37
ILMA Compoundings February 2017 - In Network
ILMA Compoundings February 2017 - 39
ILMA Compoundings February 2017 - Portrait
ILMA Compoundings February 2017 - Cover3
ILMA Compoundings February 2017 - Cover4
https://www.nxtbook.com/ygsreprints/ILMA/G127535ILMA_vol71_no7
https://www.nxtbook.com/ygsreprints/ILMA/G126213ILMA_vol71_no6
https://www.nxtbook.com/ygsreprints/ILMA/G125546_ILMA_vol71_no5
https://www.nxtbook.com/ygsreprints/ILMA/G124996_ILMA_vol71_no4
https://www.nxtbook.com/ygsreprints/ILMA/G123886_ILMA_vol71_no3
https://www.nxtbook.com/ygsreprints/ILMA/G123315_ILMA_vol71_no2
https://www.nxtbook.com/ygsreprints/ILMA/G122980_ILMA_vol71_no1
https://www.nxtbook.com/ygsreprints/ILMA/G121540_ILMA_vol70_no11
https://www.nxtbook.com/ygsreprints/ILMA/G120882_ILMA_vol70_no10
https://www.nxtbook.com/ygsreprints/ILMA/G120035_ILMA_vol70_no9
https://www.nxtbook.com/ygsreprints/ILMA/G121XXX_ILMA_vol70_no8
https://www.nxtbook.com/ygsreprints/ILMA/G120XXX_ILMA_vol70_no7
https://www.nxtbook.com/ygsreprints/ILMA/G119XXX_ILMA_vol70_no6
https://www.nxtbook.com/ygsreprints/ILMA/G118112_ILMA_vol70_no5
https://www.nxtbook.com/ygsreprints/ILMA/G117382_ILMA_vol70_no4
https://www.nxtbook.com/ygsreprints/ILMA/G116888_ILMA_vol70_no3
https://www.nxtbook.com/ygsreprints/ILMA/G115555_ILMA_vol70_no2
https://www.nxtbook.com/ygsreprints/ILMA/G114774_ILMA_vol70_no1
https://www.nxtbook.com/ygsreprints/ILMA/g110500_ILMA_vol69_no12
https://www.nxtbook.com/ygsreprints/ILMA/g110500_ILMA_vol69_no11
https://www.nxtbook.com/ygsreprints/ILMA/g110500_ILMA_vol69_no10
https://www.nxtbook.com/ygsreprints/ILMA/g109884_ILMA_vol69_no9
https://www.nxtbook.com/ygsreprints/ILMA/g109284_ILMA_vol69_no8
https://www.nxtbook.com/ygsreprints/ILMA/g108494_ILMA_vol69_no7
https://www.nxtbook.com/ygsreprints/ILMA/g107507_ILMA_vol69_no6
https://www.nxtbook.com/ygsreprints/ILMA/g106483_ILMA_vol69_no5
https://www.nxtbook.com/ygsreprints/ILMA/g105803_ILMA_vol69_no4
https://www.nxtbook.com/ygsreprints/ILMA/g104743_ILMA_vol69_no3
https://www.nxtbook.com/ygsreprints/ILMA/g103647_ILMA_vol69_no2
https://www.nxtbook.com/ygsreprints/ILMA/g102869_ILMA_vol69_no1
https://www.nxtbook.com/ygsreprints/ILMA/g101930_ILMA_vol68_no12
https://www.nxtbook.com/ygsreprints/ILMA/g100836_ILMA_vol68_no11
https://www.nxtbook.com/ygsreprints/ILMA/g99200_ILMA_vol68_no10
https://www.nxtbook.com/ygsreprints/ILMA/g98468_ILMA_vol68_no9
https://www.nxtbook.com/ygsreprints/ILMA/g97711_ILMA_vol68_no8
https://www.nxtbook.com/ygsreprints/ILMA/G96767ILMA_vol68_no7
https://www.nxtbook.com/ygsreprints/ILMA/G95397ILMA_vol65_no6
https://www.nxtbook.com/ygsreprints/ILMA/G94323ILMA_vol68_no5
https://www.nxtbook.com/ygsreprints/ILMA/G93127_ILMA_vol69_no4
https://www.nxtbook.com/ygsreprints/ILMA/G91785_ILMA_vol68_no3
https://www.nxtbook.com/ygsreprints/ILMA/G90956_ILMA_vol68_no2
https://www.nxtbook.com/ygsreprints/ILMA/G89146_ILMA_vol68_no1
https://www.nxtbook.com/ygsreprints/ILMA/G87981_ILMA_vol67_no12
https://www.nxtbook.com/ygsreprints/ILMA/G85409_ILMA_vol67_no11
https://www.nxtbook.com/ygsreprints/ILMA/G83595_ILMA_vol67_no10
https://www.nxtbook.com/ygsreprints/ILMA/G81672_ILMA_vol67_no9
https://www.nxtbook.com/ygsreprints/ILMA/G80238_ILMA_vol7_no8
https://www.nxtbook.com/ygsreprints/ILMA/G79388_ILMA_vol7_no7
https://www.nxtbook.com/ygsreprints/ILMA/G78361_ILMA_vol7_no6
https://www.nxtbook.com/ygsreprints/ILMA/G77448_ILMA_vol7_no5
https://www.nxtbook.com/ygsreprints/ILMA/G75899_ILMA_vol67_no4
https://www.nxtbook.com/ygsreprints/ILMA/G75036_ILMA_vol67_no3
https://www.nxtbook.com/ygsreprints/ILMA/G72720_ILMA_vol67_no2
https://www.nxtbook.com/ygsreprints/ILMA/G72220_ILMA_vol67_no1
https://www.nxtbook.com/ygsreprints/ILMA/G70970_ILMA_vol66_no12
https://www.nxtbook.com/ygsreprints/ILMA/G69813_ILMA_vol66_no11
https://www.nxtbook.com/ygsreprints/ILMA/G67522_ILMA_vol66_no10
https://www.nxtbook.com/ygsreprints/ILMA/G66343_ILMA_vol66_no9
https://www.nxtbook.com/ygsreprints/ILMA/G64859_ILMA_vol66_no8
https://www.nxtbookmedia.com