[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47422-47429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17019]



[[Page 47422]]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2019-0004]


Gestamp West Virginia; Application for Permanent Variance and 
Interim Order; Grant of Interim Order; Request for Comments

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of Gestamp West 
Virginia (Gestamp) for a permanent variance and interim order from the 
provision of OSHA standards that regulate the control of hazardous 
energy (lockout/tagout) and presents the agency's preliminary finding 
to grant the permanent variance. OSHA also announces its grant of an 
interim order in this notice. OSHA invites the public to submit 
comments on the variance application to assist the agency in 
determining whether to grant the applicant a permanent variance based 
on the conditions specified in this notice of the application.

DATES: Submit comments, information, documents in response to this 
notice, and requests for a hearing on or before September 4, 2020. The 
interim order described in this notice became effective on August 5, 
2020, and shall remain in effect until it is modified or revoked, 
whichever occurs first.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments 
electronically at: https://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2019-0004, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the Docket Office's normal business hours, 10:00 a.m. 
to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2019-0004). All comments, including any personal 
information you provide, are placed in the public docket without 
change, and may be made available online at https://www.regulations.gov. Therefore, the agency cautions commenters about 
submitting statements they do not want made available to the public, or 
submitting comments that contain personal information (either about 
themselves or others) such as Social Security Numbers, birth dates, and 
medical data.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov or the OSHA Docket Office at 
the above address. All documents in the docket (including this Federal 
Register notice) are listed in the https://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through the website. All submissions, 
including copyrighted material, are available for inspection at the 
OSHA Docket Office. Contact the OSHA Docket Office for assistance in 
locating docket submissions.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before August 20, 2020 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

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, U.S. Department of Labor, telephone: (202) 693-1999; 
email: meilinger.francis2@dol.gov.
    General and technical information: Contact Mr. 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.

I. Notice of Application

    On July 30, 2018, Gestamp West Virginia, LLC (hereafter, 
``Gestamp'' or ``the applicant''), 3100 MacCorkle Avenue SW, Building 
307, South Charleston, WV 25303, submitted under Section 6(d) of the 
Occupational Safety and Health Act of 1970 (``OSH Act''; 29 U.S.C. 655) 
and 29 CFR 1905.11 (``Variances and other relief under section 6(d)'') 
an application for a permanent variance from the provision of the OSHA 
standard that regulates the control of hazardous energy (``lockout/
tagout'' or ``LOTO''), as well as a request for an interim order 
pending OSHA's decision on the application for variance (OSHA-2019-
0004-0001) at the South Charleston, WV facility. Specifically, Gestamp 
seeks 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 variance application.
    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 full enclosed machine (cell), which contains the laser 
that is mounted to 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 fewer 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

[[Page 47423]]

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 introduce extension cords and portable 
lights, potentially creating tripping hazards in the cell as well as 
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 the 
employees.
    OSHA initiated a preliminary 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-
2019-0004-0002), a safety work instruction outlining their proposed 
alternative (OSHA-2019-0004-0003) and a description of Gestamp's 
Lockout/Tagout Program (OSHA-2019-0004-0004). In reviewing the 
application, OSHA evaluated the alternative work practices identified 
in the variance application, and the supplemental materials provided by 
Gestamp.
    Following this review, OSHA determined that Gestamp proposed an 
alternative that will provide a workplace as safe and healthful as that 
provided by OSHA's existing standard. As a result, OSHA is granting 
Gestamp an interim order to permit the company to continue work while 
OSHA continues to consider the application for a permanent variance.

II. The Variance Application

A. Background

    Gestamp's variance application and the responses to OSHA's follow-
up questions include 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 
the 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 the American National Standards Institute (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 an 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 associate entering the laser cell must remove their own personal 
key from their individual lock or hasp, take the key into the cell, and 
keep the key in their possession the entire time they are in the laser 
cell. If more than one associate enters the cell, one of the associates 
shall be designated the LEADER of the cleaning crew. The LEADER can 
only remove their lock, once they have verified that everyone else in 
the cleaning crew has left the laser cell.
    Gestamp contends that the alternative safety measures 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 is proposing to use a comprehensive engineered 
system and appropriate administrative procedures. The applicant 
references the co-authored standard as written by ANSI and the American 
Society of Safety Engineers (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 asserts 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. Because the cleaning task occurs on a frequent 
basis, Gestamp asserts in the Variance application that 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

[[Page 47424]]

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 lockout method, 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 maintains 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.
Process To Enter Trumpf Laser Cell To Perform Cleaning Activities
    1. Communicate to the Operator and Co-Workers 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 co-workers 
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. Associates can 
enter the Laser Cell only after these four (4) steps are completed.
    5. When work is completed inside the laser cell, all associates who 
entered the cell, except the LEADER when more than one associate 
entered, shall exit and remove their individual locks. Once all other 
associates are outside of the laser cell, the LEADER must verify their 
location and hit the Danger Zone Acknowledge Button, on the inside of 
the cell door. The Leader must immediately exit the cell, remove their 
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.''
    7. After the HMI has been released to production, put a part on the 
fixture and reset the light curtains by pressing the green button.
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 machine enclosure.
    10. Close door within 3-4 seconds of pressing reset switch.
    11. Turn 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 tampered with or 
defeated. 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 244 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 that review, 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

[[Page 47425]]

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 of 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 cleaning and maintenance activities.

III. Description of the Conditions Specified by the Interim Order and 
the Application for a Permanent Variance

    This section describes the alternative means of compliance with 29 
CFR 1910.147. These conditions form the basis of the interim order and 
Gestamp's application for a permanent variance.\3\
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    \3\ In these conditions, the present tense form of the verb 
(e.g., ``must'') pertains to the interim order, while the future 
conditional form of the verb (e.g., ``would'') pertains to the 
application for a permanent variance (designated as ``permanent 
variance'').
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Proposed Condition A: Scope

    The scope of the interim order/proposed permanent variance would 
limit coverage to the work conditions specified under this proposed 
condition. Clearly defining the scope of the proposed permanent 
variance provides Gestamp, Gestamp's employees, potential future 
applicants, other stakeholders, the public, and OSHA with necessary 
information regarding the work situations in which the proposed 
permanent variance would apply. To the extent that Gestamp exceeds the 
defined scope of this variance, it would be required to comply with 
OSHA's standards.
    Pursuant to 29 CFR 1905.11, an employer (or class or group of 
employers) \4\ may request a permanent variance for a specific 
workplace or workplaces. If OSHA approves a permanent variance, it 
would apply 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, if OSHA were to grant a 
permanent variance, it would only apply to the applicant, Gestamp, and 
only at the South Charleston, WV plant and no other employers or any 
other Gestamp plant locations.
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    \4\ 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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Proposed Condition B: Duration

    The interim order is only intended as a temporary measure pending 
OSHA's decision on the permanent variance, so this condition specifies 
the duration of the Order. If OSHA approves a permanent variance, it 
would specify the duration of the permanent variance.

Proposed Condition C: List of Abbreviations

    Proposed Condition C defines a number of abbreviations used in the 
proposed permanent variance. OSHA believes that defining these 
abbreviations serves to clarify and standardize their usage, thereby 
enhancing the applicant's and the employees' understanding of the 
conditions specified by the proposed permanent variance.

Proposed Condition D: List of Definitions

    The proposed 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.

Proposed Condition E: Safety and Health Practices

    This proposed condition requires the applicant to: (1) Modify 
certain controls at the entry door to the laser cell by ensuring that 
exclusive control is provided by each employee involved in cleaning 
activities within the machine; (2) utilize a latch with a slide bar, 
designed to prevent the door from closing; and (3) ensure that the 
opening to the door to the laser cell shuts down the machinery in the 
cell.

Proposed Condition F: Steps Required To De-energize the System

    This proposed condition requires the applicant to develop and 
implement a detailed procedure for de-energizing the laser cell in 
order to perform cleaning and maintenance activities within the laser 
cell. The procedure for de-energizing the laser cell includes a series 
of steps to ensure that all authorized and affected employees would be 
notified that cleaning, service or maintenance would be performed in 
the laser cell.

Proposed Condition G: Steps Required To Re-Energize the Laser Cell

    This proposed 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 would include a series of steps to ensure 
that all authorized and affected employees would be notified that 
cleaning activities within the laser cell are complete and that the 
laser cell is ready for normal use.

Proposed Condition H: Communication

    This proposed 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 proposed 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 would enable affected workers and support personnel 
to respond quickly and effectively to hazardous conditions or 
emergencies that may develop during laser cleaning operations.

Proposed Condition I: Worker Qualification and Training

    This proposed 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, proposed condition G requires 
Gestamp to train each affected employee in the purpose and use of the 
alternative energy control procedures.
    The proposed condition specifies the factors that an affected 
worker must know to perform maintenance and cleaning operations 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.

Proposed Condition J: Inspections, Tests, and Accident Prevention

    Proposed condition H requires the applicant to develop, implement, 
and

[[Page 47426]]

operate an effective program of frequent and regular inspections of the 
laser equipment, electrical support systems, and associated work areas. 
Condition J would help to ensure the safe operation and physical 
integrity of the equipment and work areas necessary to conduct cleaning 
operations in laser cells.
    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.

Proposed Condition K: 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. The applicant did not seek a variance from this standard and 
therefore must comply fully with those requirements.

Proposed Condition L: Notifications

    Under the proposed condition, the applicant is required, within 
specified periods of time, to notify OSHA of: (1) 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, WV OSHA Area Office within 15 
working days should the applicant need to revise the procedures to 
accommodate for any changes in laser cell cleaning or maintenance 
activities that affect Gestamp's ability to comply with the conditions 
of the proposed permanent variance; (6) provide OTPCA and the 
Charleston, WV 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/would affect the 
ability to comply with the conditions of the proposed permanent 
variance; and (7) provide OTPCA and the Charleston, WV Area Office, by 
January 31st at the beginning of each calendar year, with a report 
evaluating the effectiveness of the alternate energy isolation program 
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 proposed 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 proposed 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 proposed permanent variance, thereby ensuring the safety 
of workers involved in performing the operations covered by the 
proposed permanent variance.

IV. Grant of Interim Order, Proposal for Permanent Variance, and 
Request for Comment

    OSHA hereby announces the preliminary decision to grant an interim 
order allowing Gestamp to perform cleaning operations in the laser 
cell, subject to the conditions that follow in this document. This 
interim order will remain in effect until the agency modifies or 
revokes the interim order or makes a decision on Gestamp's application 
for a permanent variance. During the period starting with the 
publication of this notice until the agency modifies or revokes the 
interim order or makes a decision on the application for a permanent 
variance, Gestamp is required to comply fully with the conditions of 
the interim order as an alternative to complying with the following 
requirements of 29 CFR 1910.147(d)(3).
    In order to avail itself of the interim order, Gestamp must: (1) 
Comply with the conditions listed in the interim order for the period 
starting with the grant of the interim order and until the agency 
modifies or revokes the interim order or makes a decision on Gestamp's 
application for a permanent variance; (2) comply fully with all other 
applicable provisions of 29 CFR part 1910.147 aside from section 
1910.147(d)(3); and (3) provide a copy of this Federal Register notice 
to all employees affected by the proposed conditions, using the same 
means it used to inform these employees of the application for a 
permanent variance.
    OSHA is also proposing that the same requirements would apply to a 
permanent variance if OSHA ultimately issues one for this employer. 
OSHA requests comment on those conditions as well as OSHA's preliminary 
determination that the specified alternatives and conditions would 
provide a workplace as safe and healthful as those required by the 
standard from which a variance is sought. After reviewing the comments, 
OSHA will publish in the Federal Register the agency's final decision 
approving or rejecting the request for a permanent variance.

V. Specific Conditions of the Interim Order and the Application for a 
Permanent Variance

    The following conditions apply to the interim order OSHA is 
granting to Gestamp. These conditions specify the alternative means of 
compliance with the requirements of paragraph 29 CFR 1910.147(d)(3). To 
simplify the presentation of the conditions, OSHA generally refers only 
to the conditions of the proposed permanent variance, but the same 
conditions apply to the interim order except where otherwise noted.\5\
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    \5\ In these conditions, OSHA is using the future conditional 
form of the verb (e.g., ``would''), which pertains to the 
application for a permanent variance (designated as ``permanent 
variance'') but the conditions are mandatory for purposes of the 
interim order.
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    These conditions would apply with respect to all employees of 
Gestamp engaged in cleaning activities of this Trumpf laser cell:

A. Scope

    The interim order applies, and the permanent variance would apply, 
only to the task of performing cleaning and maintenance activities at 
Gestamp. The interim order and proposed variance apply only to work:
    1. That occurs at Gestamp West Virginia LLC, 3100 MacCorkle Avenue 
SW, Building 307, South Charleston, WV 25303; and

[[Page 47427]]

    2. Is performed in compliance with all other applicable provisions 
of 29 CFR 1910.147.
    Additionally,
    1. 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.
    2. 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.

B. Duration

    The Interim Order is only intended as a temporary measure pending 
OSHA's decision on the Permanent Variance, so this condition specifies 
the duration of the Order. If OSHA approves a Permanent Variance, it 
would specify the duration of the Permanent Variance.

C. List of Abbreviations

    Abbreviations used throughout this proposed permanent variance 
would include the following:

1. CFR--Code of Federal Regulations;
2. JHA--Job hazard analysis;
3. HMI--Human Machine Interface;
4. OSHA--Occupational Safety and Health Administration; and
5. OTPCA--Office of Technical Programs and Coordination Activities.

D. Definitions

    The following definitions would apply to this proposed permanent 
variance. These definitions would supplement the definitions in 
Gestamp's application for 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 or her authorized representatives. The term ``employee'' has 
the meaning defined and used under the Occupational Safety and Health 
Act of 1970 (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 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. Job hazard analysis--an evaluation of tasks or operations to 
identify potential hazards and to determine the necessary controls.
    5. 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.
    6. 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. Included are blank flanges and bolted slip blinds.
    7. 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 \6\ whose name is attached to the 
device.
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    \6\ See 29 CFR part 1910 [Docket No. S-012A], RIN 1218-AA53. 
Control of Hazardous Energy Sources (Lockout/Tagout), regarding 
``one person, one lock, one key.''
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    8. 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, the work.
    9. 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.
    10. 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.

E. Safety and Health Practices

    1. Gestamp will modify the latch doors of the Trumpf laser cell to 
prevent employee exposure to hazards associated with the cleaning of 
the laser cell;
    2. Gestamp will continue to use a door switch to prevent engagement 
of the laser while the laser cell door is open;
    3. Gestamp will 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
    4. Gestamp will implement a procedure to ensure that no other 
servicing and/or maintenance will be performed on the laser cutter, 
unless full lockout is used.

F. Steps Required To De-Energize the System

    Gestamp will develop and implement a detailed procedure for de-
energizing the laser cutting machine that will include the following 
steps to ensure that the laser cell door is prevented from closing and 
the machine from starting:
    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, change the Series Production from 
``Continuous Job'' to ``Single Job'';
    3. 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;
    4. After the door is open, communicate the lockout to the co-
workers and move the red slide bar to prevent the door to the laser 
cell from being shut while 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 their own personal 
key from the lock or hasp, take the key into the cell, and keep the key 
in their possession the entire time they are 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, verify that the ``Feed Hold 
Through Safety Device Error'' is displayed on the HMI screen; and

[[Page 47428]]

    9. To verify that the turntable will not move while working inside 
of the laser cell, hit the green activation button. If the machine does 
not start up, then entry can be made.

G. Steps Required To Start Motion Intentionally

    Gestamp will develop and 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 passes will 
include the following steps:
    1. When work is completed inside the laser cell, all associates 
that entered the cell, except the leader (when more than one employee 
entered), shall exit and remove their locks;
    2. Open the mechanical latch;
    3. 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 must verify their location and hit the Danger Zone Acknowledge 
Button on the inside of the cell door;
    5. The leader must exit immediately, remove their 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;
    6. Once the cleaning operation is complete and 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''; and
    7. After the HMI has been released to production, put a part on the 
turntable and reset the light curtains by pressing the green button.
    Both entry doors to the laser cell must be closed before operations 
can resume. The 3-4 second limitation ensures that no entry or re-entry 
into the machine enclosure can be made between the visual inspection 
and restart (no one can inadvertently slip into the machine enclosure 
during the restart process).

H. Communication

    Gestamp would have to:
    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 and 
support personnel in energy isolation where unassisted voice 
communication is inadequate.

I. Worker Qualifications and Training

    Gestamp will develop and implement a detailed worker qualification 
and training program. 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 has effective and documented training in the contents 
and conditions covered by this proposed 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.

J. Inspections, Tests, and Accident Prevention

    1. Gestamp will develop and implement a detailed program for 
completing inspections, tests, program evaluations and incident 
prevention. Gestamp must:
    (a) 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 proposed variance and interim order are being followed;
    (b) Ensure that a competent person conducts weekly inspections of 
the work areas associated with the cleaning of the laser cell; and
    (c) 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.
    2. 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.
    3. Gestamp would have to 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. Where 
available, the maintenance, servicing, and installation of replacement 
parts must strictly follow the manufacturer's specifications, 
instructions, and limitations.

K. 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 would have to maintain records of:
    1. All tests and inspections of the energy control procedures, as 
well as associated hazardous condition corrective actions and repairs.

L. Notifications

    To assist OSHA in administering the conditions specified herein, 
Gestamp would have to:
    (1) Notify the OTPCA and the Charleston, WV Area Office of any 
recordable injury, illness, or fatality (by submitting the completed 
OSHA Form 301 Injuries and Illness Incident Report).\7\
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    \7\ See footnote 10.
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    (2) Provide certification to the Charleston, WV Area Office within 
15 working days of the 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).
    (3) Notify OTPCA and the Charleston, WV Area Office within 15 
working days and in writing, of any change in the laser cell cleaning 
operations that affects Gestamp's ability to comply with the proposed 
conditions specified herein.
    (4) Obtain OSHA's approval prior to implementing the proposed 
change in the energy control operations that affects Gestamp's ability 
to comply with the conditions specified herein.
    (5) To assist OSHA in administering the proposed conditions 
specified herein, inform the OTPCA and the Charleston, WV 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) Change the location and address of the main office for 
managing the tunneling operations specified herein; or
    (iii) Transfer the operations specified herein to a successor 
company.
    (6) Notify all affected employees of this proposed Permanent 
variance by

[[Page 47429]]

the same means required to inform them of the application for a 
Variance.
    (7) OSHA would have to approve the transfer of the proposed 
Permanent variance to a successor company.
    OSHA will publish a copy of this notice in the Federal Register.

VI. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, Washington, DC 20210, authorized the 
preparation of this notice. Accordingly, the agency is issuing this 
notice pursuant to Section 29 U.S.C. 655(6)(d), Secretary of Labor's 
Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1905.11.

    Signed at Washington, DC, on July 30, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2020-17019 Filed 8-4-20; 8:45 am]
BILLING CODE 4510-26-P


