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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

August 14, 1995

MEMORANDUM FOR: REGIONAL ADMINISTRATORS

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

SUBJECT: Lockout/Tagout Citations Against the USDA

The Occupational Safety and Health Administration (OSHA) has received many requests for clarification of 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. This memorandum is to provide guidance to your CSHO's when FSIS worksites are being inspected.

The FSIS is required to comply with 29 CFR 1910.147 in its entirety and must have a 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 the hazards associated with unexpected energization, start up, or release of stored energy, or to other hazards such as unguarded moving parts, they meet the definition of servicing and maintenance; and they would be considered "authorized" employees under the lockout/tagout standard. They would be covered under the standard and, among other things, 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. It is the responsibility of FSIS supervision to ensure that FSIS inspectors are covered by an adequate lockout/tagout program at the worksite to which they are assigned. The facility must therefore, have an effective energy control program in place and the FSIS inspectors should be instructed and follow the procedures required under that program. 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 requester correspondence; omitted here.]