[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

[[Page 12210]]

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

[[Page 12211]]

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

[[Page 12212]]

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.

[[Page 12213]]

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.

[[Page 12214]]

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

[[Page 12215]]

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

[[Page 12216]]

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,

[[Page 12217]]

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


