Lockout duties of food safety inspectors

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

June 13, 1995

MEMORANDUM FOR: MICHAEL G. CONNORS
Regional Administrator

FROM: JOHN B. MILES, JR., Director
Directorate of Compliance Programs

SUBJECT: Lockout/Tagout Citations Against the USDA

Thank you for your April 11 letter requesting clarification of the Occupational Safety and Health Administration's (OSHA's) enforcement of the lockout/tagout standards, 29 CFR 1910.147, with USDA - Food Safety and Inspection Service (FSIS). Specifically, the primary concern is whether FSIS inspectors meet the definition of "authorized" or "affected" employee.

The FSIS is required to comply with 29 CFR 1910.147 in its entirety and must have a written lockout/tagout program covering each FSIS workplace. FSIS inspectors may be considered both "authorized" and/or "affected" employees as defined by the standard. If FSIS inspectors perform pre-operation inspection tasks where they are exposed to unexpected startup and associated hazards and/or are exposed to hazards such as moving parts during an inspection, their actions meet the definition of servicing and maintenance and they would be considered "authorized" employees under the lockout/tagout standard and would be required to lockout. If the equipment must be running during any part of the inspection, appropriate machine guarding must be in place to prevent exposure by the FSIS inspector.

The determination of whether an FSIS employee is considered "authorized" or "affected" is a case-by-case decision and should be made by FSIS. Inspectors should be placed in the FSIS lockout/tagout program on a site-by-site basis. Training should be given to the FSIS employees so that they know when they are doing activities that would place them in the "authorized" category and what their procedures should be. We suggest that the on-site OSHA compliance officer (CSHO) review the FSIS lockout/tagout program at each location and find out how FSIS has identified its inspectors. Then the CSHO should determine which definition fits the inspectors' activity. If violations of the lockout/tagout program are identified or if there is no program, appropriate OSHA Notices should be issued to FSIS.

Mr. Joseph A. Powers, Assistant Deputy Administrator and Designated Agency Safety and Health Official for FSIS, requested this clarification in the attached May 10, 1994 letter. OSHA's response in the attached August 8, 1994, letter specifies that OSHA does not have any national agreement with FSIS. OSHA does not agree that all FSIS inspectors should be considered "affected" employees under the lockout/tagout standard. As stated above, this will depend entirely on what their activities are.

Attachments

[Attachments reproduced on OSHA page: an earlier OSHA letter and related correspondence; omitted here.]