Table 3 - Proposed to Final Provisions Comparison (29 CFR 1915.89)

Proposed Language	Final Language

(a) Scope, application and purpose. - (1) Scope.  This standard covers
the servicing and maintenance of machines, equipment and systems in
which the energization or start up of the machines, equipment, systems,
or release of stored energy, could cause injury to employees.  This
standard establishes minimum performance requirements for the control of
such hazardous energy.	(a)  Scope, application, and effective dates.
(1) Scope. This section covers the servicing of machinery, equipment,
and systems when the energization or startup of machinery, equipment, or
systems, or the release of hazardous energy, could endanger an employee.

(2) Application.  (i) This standard applies to the control of hazardous
energy during servicing and maintenance of machines, equipment and
systems, including those onboard vessels and vessel sections, including:
(2)  Application.(i)  This section applies to the servicing of any
machinery, equipment, or system that employees use in the course of
shipyard employment work and that is conducted:

	(A)  In any landside facility that performs shipyard employment work;
and

	(B)  On any vessel or vessel section.

(A) Servicing of ship’s systems by any employee, including, but not
limited to, ship’s officers or crew of the vessel; and	(a)(2)(ii)
This section applies to such servicing conducted on a vessel by any
employee including, but not limited to, the ship’s officers and crew
unless such application is preempted by the regulations of another
federal agency.

(B) Servicing of machines, equipment and systems that employees use in
the course of shipyard employment.

	(ii)   HYPERLINK
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HYPERLINK
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Normal production operations are not covered by this standard (See
subpart O of 29 CFR part 1910 and subpart H of this part for machine
guarding).  Servicing and/or maintenance which takes place during normal
production operations is covered by this standard only if:

	(A) An employee is required to remove or bypass a guard or other safety
device; or

(B) An employee is required to place any part of his or her body into
an area on a machine, piece of equipment or system where work is
actually performed upon the material being processed (point of
operation) or where an associated danger zone exists during an operating
cycle.

	Note to paragraph (a)(2)(ii): Exception. Minor tool changes and
adjustments, and other minor servicing activities, which take place
during normal production operations, are not covered by this standard if
they are routine, repetitive, and integral to the use of the machine,
equipment or system for production, provided that the work is performed
using alternative measures which provide effective protection (See
subpart O of 29 CFR part 1910).	(a)(4)   Exceptions.  This section does
not apply to:

(a)(4)(ii)   Minor servicing activities performed during normal
production operations, including minor tool changes and adjustments,
that are routine, repetitive, and integral to the use of the machinery,
equipment, or system, provided the employer ensures that the work is
performed using measures that provide effective protection from
energization, startup, or the release of hazardous energy.

(iii) This standard does not apply to the following:

	  HYPERLINK
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(A) Work on cord and plug connected electric machines or equipment
provided that energization or start up is controlled by the unplugging
of the machines or equipment from the energy source and by the plug
being under the exclusive control of the employee performing the
servicing or maintenance; 	(a)(4)(i)   Work on cord-and-plug-connected
machinery, equipment, or system, provided the employer ensures that the
machinery, equipment, or system is unplugged and the plug is under the
exclusive control of the employee performing the servicing;

(B) Hot tap operations involving transmission and distribution systems
for substances such as gas, steam, water or petroleum products when they
are performed on pressurized pipelines, provided that the employer
demonstrates that continuity of service is essential; shutdown is
impractical; and documented procedures are followed, and special
equipment is used that will provide proven effective protection for
employees; and

	(C) The servicing and maintenance of machines, equipment and systems
onboard vessels that are used for inherently general industry operations
such as fish processing.

(3) Purpose.  (i) This section requires employers to establish a program
and utilize procedures for affixing appropriate lockout devices or
tagout devices to energy isolating devices and to otherwise disable
machines, equipment or systems to prevent energization, start up or
release of stored energy in order to prevent injury to employees.

	(ii) When other standards in this part or applicable standards in part
1910 require the use of lockout or tagout, they shall be used and
supplemented by the procedural and training requirements of this
section.	(a)(3)  When other standards in 29 CFR part 1915 and applicable
standards in 29 CFR part 1910 require the use of a lock or tag, the
employer shall use and supplement them with the procedural and training
requirements specified in this section.

(b) General.  (1)   HYPERLINK
"http://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDA
RDS&src_unique_file=1910_0147&src_anchor_name=1910.147(c)(1)"   Energy
control program.  The employer shall establish a program consisting of
energy control procedures, employee training and periodic inspections to
ensure that before any employee performs any servicing or maintenance
where the energizing, startup or release of stored energy could occur
and cause injury, the machine, equipment or system shall be isolated
from the energy source and rendered inoperative.	(b)  Lockout/tags-plus
program.  The employer shall establish and implement a written program
and procedures for lockout and tags-plus systems to control hazardous
energy during the servicing of any machinery, equipment, or system in
shipyard employment.  The program shall cover:

	(b)(1) Procedures for lockout/tags-plus systems while servicing
machinery, equipment, or systems in accordance with paragraph (c) of
this section;

	(b)(2)  Procedures for protecting employees involved in servicing any
machinery, equipment, or system in accordance with paragraphs (d)
through (m) of this section;

	(b)(3) Specifications for locks and tags-plus hardware in accordance
with paragraph (n) of this section;

	(b)(4) Employee information and training in accordance with paragraph
(o) of this section;

	(b)(5) Incident investigations in accordance with paragraph (p) of this
section; and

	(b)(6) Program audits in accordance with paragraph (q) of this section.

	(c) General requirements.  (1) The employer shall ensure that, before
any authorized employee performs servicing when energization or startup,
or the release of hazardous energy, may occur, all energy sources are
identified and isolated, and the machinery, equipment, or system is
rendered inoperative.

(2) Lockout/tagout.  (i) If an energy isolating device is not capable of
being locked out, the employer's energy control program under paragraph
(b)(1) of this section shall utilize a tagout system.	(c)(3)  If an
energy-isolating device is not capable of being locked, the employer
shall ensure the use of a tags-plus system to prevent energization or
startup, or the release of hazardous energy, before any servicing is
started.

	(c)(4)  Each tags-plus system shall consist of:

(i) At least one energy-isolating device with a tag affixed to it; and

(ii) At least one additional safety measure that, along with the
energy-isolating device and tag required in (c)(4)(i) of this section,
will provide the equivalent safety available from the use of a lock.

	NOTE to paragraph (c)(4) of this section: When the Navy ship’s force
maintains control of the machinery, equipment, or systems on a vessel
and has implemented such additional measures it determines are
necessary, the provisions of paragraph (c)(4)(ii) of this section shall
not apply, provided that the employer complies with the verification
procedures in paragraph (g) of this section.

(ii) If an energy isolating device is capable of being locked out, the
employer's energy control program under paragraph (b)(1) of this section
shall utilize lockout, unless the employer can demonstrate that the
utilization of a tagout system will provide full employee protection as
set forth in paragraph (b)(3) of this section.	(c)(2)  If an
energy-isolating device is capable of being locked, the employer shall
ensure the use of a lock to prevent energization or startup, or the
release of hazardous energy, before any servicing is started, unless the
employer can demonstrate that the utilization of a tags-plus system will
provide full employee protection as set forth in paragraph (c)(6) of
this section.

  HYPERLINK
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(iii)  After [INSERT DATE 90 DAYS AFTER PUBLICATION OF A FINAL RULE IN
THE FEDERAL REGISTER], whenever replacement or major repair, renovation
or modification of a machine, equipment or system is performed, and
whenever a new machine, equipment or system is installed, the employer
shall ensure that energy isolating devices for the machine, equipment or
system are designed to accept a lockout device.  This requirement does
not apply to a machine, equipment or system that is part of a vessel or
vessel section the shipyard employer does not own.

	(c)(5)  After [INSERT DATE 180 DAYS AFTER THE DATE OF PUBLICATION IN
THE FEDERAL REGISTER], the employer shall ensure that each
energy-isolating device for any machinery, equipment, or system is
designed to accept a lock whenever the machinery, equipment, or system
is extensively repaired, renovated, modified, or replaced, or whenever
new machinery, equipment, or systems are installed.  This requirement
does not apply when a shipyard employer:

	(c)(5)(i) Does not own the machinery, equipment, or system; or

	(c)(5)(ii) Builds or services a vessel or vessel section according to
customer specifications.

  HYPERLINK
"http://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDA
RDS&src_unique_file=1910_0147&src_anchor_name=1910.147(c)(3)"  (3)  Full
employee protection.  (i) When a tagout device is used on an energy
isolating device that is capable of being locked out, the tagout device
shall be attached at the same location that the lockout device would
have been attached, and the employer shall demonstrate that the tagout
program will provide a level of safety equivalent to that obtained by
using a lockout program.	(c)(6)  Full employee protection.  (i) When a
tag is used on an energy-isolating device that is capable of being
locked out, the tag shall be attached at the same location that the lock
would have been attached, and;

	(c)(6)(ii)  The employer shall demonstrate that the use of a tags-plus
system will provide a level of safety equivalent to that obtained by
using a lock.  In demonstrating that an equivalent level of safety is
achieved, the employer shall:

(ii) In demonstrating that a level of safety is achieved in the tagout
program that is equivalent to the level of safety obtained by using a
lockout program, the employer shall demonstrate full compliance with all
tagout-related provisions of this standard together with such additional
elements as are necessary to provide the equivalent safety available
from the use of a lockout device.  Additional means to be considered as
part of the demonstration of full employee protection shall include the
implementation of additional safety measures, such as the removal of an
isolating circuit element, blocking of a controlling switch, opening of
an extra disconnecting device, or the removal of a valve handle to
reduce the likelihood of inadvertent energization.	(c)(6)(ii)(A)
Demonstrate full compliance with all tags-plus-related provisions of
this standard; and

	(c)(6)(ii)(B)  Implement such additional safety measures as are
necessary to provide the equivalent safety available from the use of a
lock

	Note to paragraph (c)(6) of this section:  When the Navy ship’s force
maintains control of the machinery, equipment, or systems on a vessel
and has implemented such additional measures it determines are
necessary, the provisions of paragraph (c)(6)(ii)(B) of this section do
not apply, provided that the employer complies with the verification
procedures in paragraph (g) of this section.

	(c)(7) Lockout/tags-plus coordination.  (i) The employer shall
establish and implement lockout/tags-plus coordination when:

	(c)(7)(i)(A) Employees on vessels and in vessel sections are servicing
multiple machinery, equipment, or systems at the same time; or

	(c)(7)(i)(B) Employees on vessels, in vessel sections, and at landside
facilities are performing multiple servicing operations on the same
machinery, equipment, or system at the same time.

	(c)(7)(ii) The coordination process shall include a lockout/tags-plus
coordinator and a lockout/tags-plus log.  Each log shall be specific to
each vessel, vessel section, and landside work area.

	(c)(7)(iii) The employer shall designate a lockout/tags-plus
coordinator who is responsible for overseeing and approving:

	(c)(7)(iii)(A) The application of each lockout and tags-plus system;

	(c)(7)(iii)(B) The verification of hazardous energy isolation before
the servicing of any machinery, equipment, or system begins; and

	(c)(7)(iii)(C) The removal of each lockout and tags-plus system.

	(c)(7)(iv) The employer shall ensure that the lockout/tags-plus
coordinator maintains and administers a continuous log of each lockout
and tags-plus system.  The log shall contain:

	(c)(7)(A) Location of machinery, equipment, or system to be serviced;

	(c)(7)(B) Type of machinery, equipment, or system to be serviced;

	(c)(7)(C) Name of the authorized employee applying the
lockout/tags-plus system;

	(c)(7)(D) Date that the lockout/tags-plus system is applied;

	(c)(7)(E) Name of authorized employee removing the lock or tags-plus
system; and

	(c)(7)(F) Date that lockout/tags-plus system is removed.

	Note to paragraph (c)(7) of this section: When the Navy ship’s force
serves as the lockout/tags-plus coordinator and maintains control of the
lockout/tags-plus log, the employer will be in compliance with the
requirements in paragraph (c)(7) of this section when coordination
between the ship’s force and the employer occurs to ensure that
applicable lockout/tags-plus procedures are followed and documented.

(4) Energy control procedures.  (i)  HYPERLINK
"http://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDA
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Procedures shall be developed, documented and utilized for the control
of potentially hazardous energy when employees are engaged in the
activities covered by this section.	(d)  Lockout/tags-plus written
procedures.  (1) The employer shall establish and implement written
procedures to prevent energization or startup, or the release of
hazardous energy, during the servicing of any machinery, equipment, or
system.  Each procedure shall include:

Note to paragraph (b)(4)(i): Exception. The employer need not document
the required procedure for a particular machine, equipment or system
when all of the following elements exist: (1) The machine, equipment or
system has no potential for stored or residual energy or reaccumulation
of stored energy after shut down that could endanger employees; (2) the
machine, equipment or system has a single energy source which can be
readily identified and isolated; (3) the isolation and locking out of
that energy source will completely deenergize and deactivate the
machine, equipment or system; (4) the machine, equipment or system is
isolated from that energy source and locked out during servicing or
maintenance; (5) a single lockout device will achieve a locked-out
condition; (6) the lockout device is under the exclusive control of the
authorized employee performing the servicing or maintenance; (7) the
servicing or maintenance does not create hazards for other employees;
and (8) the employer, in utilizing this exception, has had no accidents
involving the activation or reenergization of the machine, equipment or
system during servicing or maintenance.	(d)(2)  The employer’s lockout
procedures do not have to be in writing for servicing machinery,
equipment, or systems, provided that all of the following conditions are
met:

	(d)(2)(i)  There is no potential for hazardous energy to be released
(or to reaccumulate) after shutting down, or restoring energy to, the
machinery, equipment, or system;

	(d)(2)(ii)  The machinery, equipment, or system has a single energy
source that can be readily identified and isolated;

	(d)(2)(iii)  The isolation and lock out of that energy source will
result in complete de-energization and deactivation of the machinery,
equipment, or system, and there is no potential for reaccumulation of
energy;

	(d)(2)(iv) The energy source is isolated and secured from the
machinery, equipment, or system during servicing;

	(d)(2)(v)  Only one lock is necessary for isolating the energy source;

	(d)(2)(vi) The lock is under the exclusive control of the authorized
employee performing the servicing;

	(d)(2)(vii)  The servicing does not create a hazard for any other
employee; and

	(d)(2)(viii)  The employer, in utilizing this exception, has not had
any accidents or incidents involving the activation or reenergization of
this type of machinery, equipment, or system during servicing.

(ii) Each procedure shall clearly and specifically outline the scope,
purpose, authorization, rules and techniques to be utilized for the
control of hazardous energy and the means to enforce compliance
including, but not limited to, the following:	(d)(1)(i)  A clear and
specific outline of the scope and purpose of the lockout/tags-plus
procedure;

	(d)(1)(ii) The means the employer will use to enforce compliance with
the lockout/tags-plus program and procedures; and

(A) A specific statement of the intended use of the procedure;

(d)(1)(iii) The steps that must be followed for:

(B) Specific procedural steps for shutting down, isolating, blocking and
securing machines, equipment or systems to control hazardous energy;
(d)(1)(iii)(A) Preparing for shutting down and isolating of the
machinery, equipment, or system to be serviced, in accordance with
paragraph (e) of this section;

(C) Specific procedural steps for the placement, removal and transfer of
lockout devices or tagout devices and the responsibility for them; and
(d)(1)(iii)(B) Applying the lockout/tags-plus system, in accordance with
paragraph (f) of this section;

	(d)(1)(iii)(C) Verifying isolation, in accordance with paragraph (g) of
this section;

(D) Specific requirements for testing a machine, equipment or system to
determine and verify the effectiveness of lockout devices, tagout
devices and other energy control measures. 	(d)(1)(iii)(D) Testing the
machinery, equipment, or system, in accordance with paragraph (h) of
this section;

	(d)(1)(iii)(E) Removing lockout/tags-plus systems, in accordance with
paragraph (i) of this section;

	(d)(1)(iii)(F) Starting up the machinery, equipment, or system that is
being serviced, in accordance with paragraph (j) of this section;

(5) Protective materials and hardware.  (i) Locks, tags, chains, wedges,
key blocks, adapter pins, self-locking fasteners, or other hardware
shall be provided by the employer for isolating, securing or blocking of
machines, equipment or systems from energy sources.	(n)
Lockout/tags-plus materials and hardware.  (1) The employer shall
provide locks and tags-plus system hardware used for isolating,
securing, or blocking machinery, equipment, or systems from all
hazardous-energy sources.

(ii) Lockout devices and tagout devices shall be singularly identified;
shall be the only devices(s) used for controlling energy; shall not be
used for other purposes; and shall meet the following requirements:
(n)(2)  The employer shall ensure that each lock and tag is uniquely
identified for the purpose of controlling hazardous energy and is not
used for any other purpose.

	(n)(3)  The employer shall ensure that each lock and tag meets the
following requirements:

(A) Durable.  (1) Lockout and tagout devices shall be capable of
withstanding the environment to which they are exposed for the maximum
period of time that exposure is expected.	(n)(3)(i)  Durable.  (A) Each
lock and tag is capable of withstanding the existing environmental
conditions for the maximum period of time that servicing is expected to
last;

(2) Tagout devices shall be constructed and printed so that exposure to
weather conditions or wet and damp locations will not cause the tag to
deteriorate or the message on the tag to become illegible.	(n)(3)(i)(B)
Each tag is made so that weather conditions, wet or damp conditions,
corrosive substances, or other conditions in the work area where the tag
is used or stored will not cause it to deteriorate or become illegible;

(3) Tags shall not deteriorate when used in corrosive environments such
as areas where acid and alkali chemicals are handled and stored.

	(B) Standardized.  Lockout and tagout devices shall be standardized
within the facility in at least one of the following criteria: Color;
shape; or size; and additionally, in the case of tagout devices, print
and format shall be standardized.	(n)(3)(ii)  Standardized.  (A) Each
lock and tag is standardized in at least one of the following areas:
color, shape, or size; and

	(n)(3)(ii)(B) Each tag is standardized in print and format;

(C) Substantial.  (1) Lockout devices.  Lockout devices shall be
substantial enough to prevent removal without the use of excessive force
or unusual techniques, such as with the use of bolt cutters or other
metal cutting tools.	(n)(3)(iii)  Substantial. (A) Each lock is sturdy
enough to prevent removal without the use of extra force or unusual
techniques, such as bolt cutters or other metal-cutting tools;

(2) Tagout devices.  Tagout devices, including their means of
attachment, shall be substantial enough to prevent inadvertent or
accidental removal.  Tagout device (attachment means shall be of a
non-reusable type, attachable by hand, self-locking and non-releasable
with a minimum unlocking strength of no less than 50 pounds and having
the general design and basic characteristics of being at least
equivalent to a one-piece, all environment-tolerant nylon cable tie.
(n)(3)(iii)(C) Each tag attachment has the general design and basic
safety characteristics of a one-piece, all-environment-tolerant nylon
tie;

	New Cell:

(n)(3)(iii)(B) Each tag and tag attachment is sturdy enough to prevent
inadvertent or accidental removal;

	(n)(3)(iii)(D) Each tag attachment is non-reusable, attachable by hand,
self-locking, and non-releasable, and has a minimum unlocking strength
of 50 pounds;

  HYPERLINK
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(D)  Identifiable.  Lockout devices and tagout devices shall indicate
the identity of the employee applying the device(s).	(n)(3)(iv)
Identifiable. Each lock and tag indicates the identity of the authorized
employee applying it; and

(iii) Tagout devices shall warn against hazardous conditions if the
machine, equipment or system is energized and shall include a legend
such as the following: Do Not Start; Do Not Open; Do Not Close; Do Not
Operate.	(n)(3)(v) Each tag warns of hazardous conditions that could
arise if the machinery, equipment, or system is energized and includes a
legend such as one of the following: “Do Not Start,”  “Do Not
Open,”  “Do Not Close,”  “Do Not Energize,” or “Do Not
Operate.”

(6) Periodic Inspection.  (i) The employer shall conduct a periodic
inspection of each energy control procedure at least annually to ensure
that the procedures and the requirements of this standard are being
followed and to correct any deficiencies.		(q)  Program audits.  (1) The
employer shall conduct an audit of the lockout/tags-plus program and
procedures currently in use at least annually to ensure that the
procedures and the requirements of this section are being followed and
to correct any deficiencies.

(A) The periodic inspection shall be performed by an authorized employee
other than the employees(s) utilizing the energy control procedure being
inspected.	(q)(2) The employer shall ensure that the audit is performed
by:

	(q)(2)(i) An authorized employee other than the one(s) currently using
the energy-control procedure being reviewed; or

	(q)(2)(ii)  Individuals other than an authorized employee who are
knowledgeable about the employer’s lockout/tags-plus program and
procedures and the machinery, equipment, or systems being audited.

	(q)(3)  The employer shall ensure that the audit includes:

	(q)(3)(i) A review of the written lockout/tags-plus program and
procedures;

	(q)(3)(ii)  A review of the current lockout/tags-plus log;

	(q)(3)(iii) Verification of the accuracy of the lockout/tags-plus log;

	(q)(3)(iv)  A review of incident reports since the last audit.

(B) Where lockout is used for energy control, the periodic inspection
shall include a review between the inspector and each authorized
employee of that employee's responsibilities under the energy control
procedure being inspected.	(q)(3)(v) A review conducted between the
auditor and authorized employees regarding the authorized employees’
responsibilities under the lockout systems being audited; and

(C) Where tagout is used for energy control, the periodic inspection
shall include a review between the inspector and each authorized and
affected employee of that employee's responsibilities under the energy
control procedure being inspected and the elements set forth in
paragraph (b)(7)(ii) of this section.	(q)(3)(vi) A review conducted
between the auditor and affected and authorized employees regarding
their responsibilities under the tags-plus systems being audited.

	(q)(4) The employer shall ensure that, within 15 days after completion
of the audit, the individual(s) who conducted the audit prepare and
deliver to the employer a written audit report that includes at least:

(ii) The employer shall certify that the periodic inspections have been
performed. The certification shall identify the machine, equipment or
system on which the energy control procedure was being utilized, the
date of the inspection, the employees included in the inspection and the
person performing the inspection.	(q)(4)(i) The date of the audit;

	(q)(4)(ii) The identify of the individual(s) who performed the audit;

	(q)(4)(iii) The identity of the procedure and machinery, equipment, or
system that were audited;

	(q)(4)(iv) The findings of the program audit and recommendations for
correcting deviations or deficiencies identified during the audit;

	(q)(4)(v) Any incident investigation reports since the previous audit;
and

	(q)(4)(vi) Descriptions of corrective actions the employer has taken in
response to the findings and recommendations of any incident
investigation reports prepared since the previous audit.

	(q)(5) The employer shall promptly communicate the findings and
recommendations in the written audit report to each employee having a
job task that may be affected by such findings and recommendations.

	(q)(6) The employer shall correct the deviations or inadequacies in the
lockout/tags-plus program within 15 days after receiving the written
audit report.

	(o)  Information and training.  (1) Initial training. The employer
shall train each employee in the applicable requirements of this section
no later than [INSERT 180 DAYS AFTER THE DATE OF PUBLICATION IN THE
FEDERAL REGISTER].

(7) Training and communication.  (i)  General.  The employer shall
provide training to ensure that the purpose and function of the energy
control program are understood by employees and that the knowledge and
skills required for the safe application, usage and removal of the
energy controls are acquired by employees.  The training shall include
the following:	(o)(2) General training content.  The employer shall
train each employee who is, or may be, in an area where
lockout/tags-plus systems are being used so they know:

	(o)(2)(i)  The purpose and function of the employer’s
lockout/tags-plus program and procedures;

	(o)(2)(ii) The unique identity of the locks and tags to be used in the
lockout/tags-plus system as well as the standardized color, shape or
size of these devices;

	(o)(2)(iii) The basic components of the tags-plus system:  an
energy-isolating device with a tag affixed to it and an additional
safety measure;

	(o)(2)(iv) The prohibition against tampering with or removing any
lockout/tags-plus system; and

	(o)(2)(v) The prohibition against restarting or reenergizing any
machinery, equipment, or system being serviced under a lockout/tags-plus
system.

	(o)(4) Additional training requirements for authorized employees.  In
addition to training authorized employees in the requirements in
paragraphs (o)(2) and (o)(3) of this section, the employer also shall
train each authorized employee so he/she knows:

(A) Each authorized employee shall receive training in the recognition
of applicable hazardous energy sources, the type and magnitude of the
energy available in the workplace and the methods and means necessary
for energy isolation and control.	(o)(4)(i) The steps necessary for the
safe application, use, and removal of lockout/tags-plus systems to
prevent energization or startup or the release of hazardous energy
during servicing of machinery, equipment, or systems;

	(o)(4)(ii) The type of energy sources and the magnitude of the energy
available at the worksite;

	(o)(4)(iii) The means and methods necessary for effective isolation and
control of hazardous energy;

	(o)(4)(iv) The means for determining the safe exposure status of other
employees in a group when the authorized employee is working as a
group’s primary authorized employee.

(B) Each affected employee shall be instructed in the purpose and use of
the energy control procedure.	(o)(3) Additional training requirements
for affected employees.  In addition to training affected employees in
the requirements in paragraph (o)(2) of this section, the employer also
shall train each affected employee so he/she knows:

	(o)(3)(i) The use of the employer’s lockout/tags-plus program and
procedures;

	(o)(3)(ii) That affected employees are not to apply or remove any
lockout/tags-plus system; and

(C) Each affected employee and all other employees whose work operations
are or may be in an area where energy control procedures may be utilized
shall be instructed about the procedure and about the prohibition
relating to attempts to restart or reenergize machines, equipment or
system which are locked out or tagged out.	(o)(3)(iii)  That affected
employees are not to bypass, ignore, or otherwise defeat any
lockout/tags-plus system.

(ii) Tagout System Training.  When tagout systems are used, employees
shall also be trained in the following limitations of tags:

	(A) Tags are essentially warning devices affixed to energy isolating
devices and do not provide the physical restraint on those devices that
is provided by a lock;	(o)(4)(viii) That tags are warning devices, and
alone do not provide physical barriers against energization or startup,
or the release of hazardous energy, provided by locks, and
energy-isolating devices; and

	(o)(4)(ix) That tags must be used in conjunction with an
energy-isolating device to prevent energization or startup or the
release of hazardous energy.

(B) When a tag is attached to an energy isolating means, it is not to be
removed without authorization of the authorized person responsible for
it and it is never to be bypassed, ignored, or otherwise defeated;

(C) Tags must be legible and understandable by all authorized employees,
affected employees and all other employees whose work operations are or
may be in the area;	(o)(4)(v) The requirement for tags to be written so
they are legible and understandable to all employees;

(D) Tags and their means of attachment must be made of materials which
will withstand the environmental conditions encountered in the
workplace;	(o)(4)(vi) The requirement that tags and their means of
attachment be made of materials that will withstand the environmental
conditions encountered in the workplace;

(E) Tags may evoke a false sense of security and their meaning needs to
be understood as part of the overall energy control program; and

	(F) Tags must be securely attached to energy isolating devices so that
they cannot be inadvertently or accidentally detached during use.
(o)(4)(vii) The requirement that tags be securely attached to
energy-isolating devices so they cannot be accidentally removed while
servicing machinery, equipment, or systems;

	(o)(5) Additional training for lockout/tags-plus coordinator.  In
addition to training lockout/tags-plus coordinators in the requirements
in paragraphs (o)(2), (o)(3), and (o)(4) of this section, the employer
shall train each lockout/tags-plus coordinator so he/she knows:

	(o)(5)(i) How to identify and isolate any machinery, equipment, or
system that is being serviced; and

	(o)(5)(ii) How to accurately document lockout/tags-plus systems and
maintain the lockout/tags-plus log.

(iii) Employee retraining.  (A) Retraining shall be provided for all
authorized and affected employees whenever there is a change in their
job assignments; a change in machines, equipment, systems or processes
that present a new hazard; or when there is a change in the energy
control procedures.	(o)(6) Employee retraining.

(o)(6)(i)  The employer shall retrain each employee, as applicable,
whenever:

	(o)(6)(i)(A) There is a change in his/her job assignment that presents
new hazards or requires a greater degree of knowledge about the
employer’s lockout/tags-plus program or procedures;

 (o)(6)(i)(D) It is necessary to maintain the employee’s proficiency.

	(o)(6)(i)(B) There is a change in machinery, equipment, or systems to
be serviced that presents a new energy-control hazard;

(o)(6)(i)(C) There is a change in the employer’s lockout/tags-plus
program or procedures; or

(B) Additional retraining shall also be conducted whenever a periodic
inspection under paragraph (b)(6) of this section reveals, or whenever
the employer has reason to believe, that there are deviations from or
inadequacies in the employee's knowledge or use of the energy control
procedures.	(o)(6)(ii)  The employer also shall retrain each employee,
as applicable, whenever an incident investigation or program audit
indicates that there are:

	(o)(6)(ii)(A) Deviations from, or deficiencies in, the employer’s
lockout/tags-plus program or procedures; or

	(o)(6)(ii)(B) Inadequacies in an employee's knowledge or use of the
lockout/tags-plus program or procedures.

(C) The retraining shall reestablish employee proficiency and introduce
new or revised control methods and procedures, as necessary.	(o)(6)(iii)
 The employer shall ensure that retraining establishes the required
employee knowledge and proficiency in the employer’s lockout/tags-plus
program and procedures and in any new or revised energy control
procedures.

(iv) Certification. The employer shall certify that employee training
has been accomplished and is being kept up to date.  The certification
shall contain each employee's name and dates of training.	(o)(7)  Upon
completion of employee training, the employer shall keep a record that
the employee accomplished the training, and that this training is
current.  The training record shall contain at least the employee’s
name, date of training, and the subject of the training.

	(p)  Incident investigation. (1) The employer shall investigate each
incident that resulted in, or could reasonably have resulted in,
energization or startup, or the release of hazardous energy, while
servicing machinery, equipment, or systems.

	(p)(2) Promptly but not later than 24 hours following the incident, the
employer shall initiate an incident investigation and notify each
employee who was, or could reasonably have been, affected by the
incident.

	(p)(3)  The employer shall ensure that the incident investigation is
conducted by at least one employee who has the knowledge of, and
experience in, the employer’s lockout/tags-plus program and
procedures, and in investigating and analyzing incidents involving the
release of hazardous energy.  The employer may also use additional
individuals to participate in investigating the incident.

	(p)(4)  The employer shall ensure that the individual(s) conducting the
investigation prepare(s) a written report of the investigation that
includes:

	(p)(4)(i)  The date and time of the incident;

	(p)(4)(ii)  The date and time the incident investigation began;

	(p)(4)(iii)  Location of the incident;

	(p)(4)(iv)  A description of the incident;

	(p)(4)(v)  The factors that contributed to the incident;

	(p)(4)(vi)  A copy of any lockout/tags-plus log that was current at the
time of the incident; and

	(p)(4)(vii)  Any corrective actions that need to be taken as a result
of the incident.

	(p)(5)  The employer shall review the written incident report with each
employee whose job tasks are relevant to the incident investigation
findings, including contract employees when applicable.

	(p)(6)  The employer shall ensure that the incident investigation and
written report are completed, and all corrective actions implemented,
within 30 days following the incident.

	(p)(7)  If the employer demonstrates that it is infeasible to implement
all of the corrective actions within 30 days, the employer shall prepare
a written abatement plan that contains an explanation of the
circumstances causing the delay, a proposed timetable for the abatement,
and a summary of the steps the employer is taking in the interim to
protect employees from hazardous energy while servicing machinery,
equipment, or systems.

(8) Energy isolation.  Lockout or tagout shall be performed only by the
authorized employees who are performing the servicing or maintenance.

	(9) Notification of employees.  Affected employees shall be notified by
the employer or authorized employee of the application and removal of
lockout devices or tagout devices.  Notification shall be given before
the controls are applied and after they are removed from the machine,
equipment or system.

	(c) Application of control.  The established procedures for the
application of energy control (the lockout or tagout procedures) shall
cover the following elements and actions and shall be done in the
following sequence:

	(1)   HYPERLINK
"http://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDA
RDS&src_unique_file=1910_0147&src_anchor_name=1910.147(d)(1)"
Preparation for shutdown.  Before an authorized or affected employee
turns off a machine, equipment or system, the authorized employee shall
have knowledge of the type and magnitude of the energy, the hazards of
the energy to be controlled and the method or means to control the
energy.	(e)  Procedures for shutdown and isolation.  (1) Before an
authorized employee shuts down any machinery, equipment, or system, the
employer shall:

	(e)(1)(i) Ensure that the authorized employee has knowledge of:

	(e)(1)(i)(A) The source, type, and magnitude of the hazards associated
with energization or startup of the machine, equipment, or system;

	(e)(1)(i)(B) The hazards associated with the release of hazardous
energy; and

	(e)(1)(i)(C) The means to control these hazards; and

	(e)(1)(ii) Notify each affected employee that the machinery, equipment,
or system will be shut down and deenergized prior to servicing, and that
a lockout/tags-plus system will be implemented.

(2) Machine, equipment or system shutdown.  The machine, equipment or
system shall be turned off or shut down using the procedures established
for the machine, equipment or system.  An orderly shutdown must be
utilized to avoid any additional or increased hazard(s) to employees as
a result of the equipment stoppage.	(e)(2)  The employer shall ensure
that the machinery, equipment, or system is shut down according to the
written procedures the employer established.

	(e)(3) The employer shall use an orderly shutdown to prevent exposing
any employee to risks associated with hazardous energy.

	NOTE to paragraph (e) of this section: When the Navy ship’s force
shuts down any machinery, equipment, or system, and relieves,
disconnects, restrains, or otherwise renders safe all potentially
hazardous energy that is connected to the machinery, equipment, or
system, the employer will be in compliance with the requirements in

paragraph (e) of this section when the employer’s authorized employee
verifies that the machinery, equipment, or system being serviced has
been properly shut down, isolated, and deenergized.

(3) Machine, equipment or system isolation.  All energy isolating
devices that are needed to control the energy to the machine, equipment
or system shall be physically located and operated in such a manner as
to isolate the machine, equipment or system from the energy source(s).

	(4) Lockout or tagout device application.  (i) Lockout or tagout
devices shall be affixed to each energy isolating device by authorized
employees.	(f)  Procedures for applying lockout/tags-plus systems.  (1)
The employer shall ensure that only an authorized employee applies a
lockout/tags-plus system.

(ii) Lockout devices, where used, shall be affixed in a manner that will
hold the energy isolating devices in a "safe" or "off" position.	(f)(2)
When using lockout systems, the employer shall ensure that the
authorized employee affixes each lock in a manner that will hold the
energy-isolating device in a safe or off position.

(iii) Tagout devices, where used, shall be affixed in such a manner as
will clearly indicate that the operation or movement of energy isolating
devices from the "safe" or "off" position is prohibited.	(f)(3)  When
using tags-plus systems, the employer shall ensure that the authorized
employee affixes a tag directly to the energy-isolating device that
clearly indicates that the removal of the device from a safe or off
position is prohibited.

(A) Where tagout devices are used with energy isolating devices designed
with the capability of being locked, the tag attachment shall be
fastened at the same point at which the lock would have been attached.

	(B) Where a tag cannot be affixed directly to the energy isolating
device, the tag shall be located as close as safely possible to the
device, in a position that will be immediately obvious to anyone
attempting to operate the device.	(f)(4)  When the tag cannot be affixed
directly to the energy-isolating device the employer shall ensure that
the authorized employee locates it as close as safely possible to the
device, in a safe and immediately obvious position.

	(f)(5)  The employer shall ensure that each energy-isolating device
that controls energy to the machinery, equipment, or system is effective
in isolating the machinery, equipment, or system from all potentially
hazardous energy source(s).

	NOTE to paragraph (f) of this section: When the Navy ship’s force
applies the lockout/tags-plus systems or devices, the employer will be
in compliance with the requirements in paragraph (f) of this section
when the employer’s authorized employee verifies the application of
the lockout/tags-plus systems or devices.

(5) Stored energy.  (i) Following the application of lockout or tagout
devices to energy isolating devices, all potentially hazardous stored or
residual energy shall be relieved, disconnected, restrained and
otherwise rendered safe.	(e)(4)  The employer shall ensure that the
authorized employee relieves, disconnects, restrains, or otherwise
renders safe all potentially hazardous energy that is connected to the
machinery, equipment, or system.

(ii) If there is a possibility of reaccumulation of stored energy to a
hazardous level, verification of isolation shall be continued until the
servicing or maintenance is completed, or until the possibility of such
accumulation no longer exists.	(g)(2) The employer shall ensure that the
authorized employee, or the primary authorized employee in a group
lockout/tags-plus application, continues verifying deenergization and
isolation while servicing the machinery, equipment, or system.

(6) Verification of isolation.  Prior to starting work on machines,
equipment or system that have been locked out or tagged out, the
authorized employee shall verify that isolation and deenergization of
the machine, equipment or system have been accomplished.	(g)  Procedures
for verification of deenergization and isolation.  (1) Before servicing
machinery, equipment, or a system that has a lockout/tags-plus system,
the employer shall ensure that the authorized employee, or the primary
authorized employee in a group lockout/tags-plus application, verifies
that the machinery, equipment, or system is deenergized and all energy
sources isolated.

	(g)(3)  Each authorized employee in a group lockout/tags-plus
application who will be servicing the machinery, equipment, or system
must be given the option to verify that the machinery, equipment, or
system is deenergized and all energy sources isolated, even when
verification is performed by the primary authorized employee.

(d) Release from lockout or tagout.  Before lockout or tagout devices
are removed and energy is restored to the machine, equipment or system,
procedures shall be followed and actions taken by the authorized
employee(s) to ensure the following:	(i)  Procedures for removal of
lockout and tags-plus systems.  (1) Before removing any
lockout/tags-plus system and restoring the machinery, equipment, or
system to use, the employer shall ensure that the authorized employee
does the following:

(1) The machine, equipment or system.  The work area shall be inspected
to ensure that nonessential items have been removed and to ensure that
machine, equipment or system components are operationally intact.
(i)(1)(iii) Inspects the work area to ensure that nonessential items
have been removed and machinery, equipment, or system components are
operationally intact.

(2) Employees.  (i)The work area shall be checked to ensure that all
employees have been safely positioned or removed.	(i)(1)(ii) Ensures
that all employees in the work area have been safely positioned or
removed; and

(ii) After lockout or tagout devices have been removed and before a
machine, equipment or system is started, affected employees shall be
notified that the lockout or tagout device(s) have been removed.
(i)(1)(i)  Notifies all other authorized and affected employees that the
lockout/tags-plus system will be removed;

(3) Lockout or tagout devices removal.  Each lockout or tagout device
shall be removed from each energy isolating device by the employee who
applied the device.	(i)(2)  The employer shall ensure that each lock or
tags-plus system is removed by the authorized employee who applied it.

Note to paragraph (d)(3): Exception. When the authorized employee who
applied the lockout or tagout device is not available to remove it, that
device may be removed under the direction of the employer, provided that
specific procedures and training for such removal have been developed,
documented and incorporated into the employer's energy control program.
The employer shall demonstrate that the specific procedure provides
equivalent safety to the removal of the device by the authorized
employee who applied it. The specific procedure shall include at least
the following elements:	(i)(3)  When the authorized employee who applied
the lockout/tags-plus system is not available to remove it, the employer
may direct removal by another authorized employee, provided the employer
developed and incorporated into the lockout/tags-plus program the
specific procedures and training that address such removal, and
demonstrates that the specific procedures used provide a level of
employee safety that is at least as effective in protecting employees as
removal of the system by the authorized employee who applied it.  After
meeting these requirements, the employer shall do the following in
sequence:

(i) Verification by the employer that the authorized employee who
applied the device is not at the facility;	(i)(3)(i)  Verify that the
authorized employee who applied the lockout/tags-plus system is not in
the facility;

(ii) Making all reasonable efforts to contact the authorized employee to
inform he or she that his or her lockout or tagout device has been
removed; and	(i)(3)(ii)  Make all reasonable efforts to contact the
authorized employee to inform him/her that the lockout/tags-plus system
has been removed; and

(iii) Ensuring that the authorized employee has this knowledge before
he/she resumes work at that facility.	(i)(3)(iii)  Ensure that the
authorized employee who applied the lock or tags-plus system has
knowledge of the removal before resuming work on the affected machinery,
equipment, or system.

	Note to paragraph (i) of this section: When the Navy ship’s force
serves as lockout/tags-plus coordinator and removes the
lockout/tags-plus systems or devices, the employer is in compliance with
the requirements in paragraph (i) of this section when the employer’s
authorized employee informs the lockout/tags-plus coordinator that the
procedures in paragraph (i)(1) of this section have been performed.

	(j) Procedures for startup.  (1) Before an authorized employee turns on
any machinery, equipment, or system after servicing is completed, the
employer shall ensure that the authorized employee has knowledge of the
source, type, and magnitude of the hazards associated with energization
or startup, and the means to control these hazards.

	(j)(2) The employer shall execute an orderly startup to prevent or
minimize any additional or increased hazard(s) to employees. The
employer shall perform the following tasks before starting up the
machinery, equipment, or system:

	(j)(2)(i) Clear tools and materials from the work area;

	(j)(2)(ii) Remove any non-essential employees from the work area; and

	(j)(2)(iii) Start up the machinery, equipment, or system according to
the detailed procedures the employer established for that machinery,
equipment, or system.

	Note to paragraph (j) of this section: When the Navy ship’s force
serves as lockout/tags-plus coordinator and maintains control of the
lockout/tags-plus systems or devices during startup, and the employer is
prohibited from starting up the machinery, equipment, or system, the
employer is in compliance with the requirements in paragraph (j) of this
section when the employer’s authorized employee informs the
lockout/tags-plus coordinator the procedures in paragraphs (j)(2)(i) and
(j)(2)(ii) of this section have been performed.

(e) Additional requirements.  (1) Testing or positioning of machines,
equipment, systems, or their components.  In situations in which lockout
or tagout devices must be temporarily removed from the energy isolating
device and the machine, equipment or system energized to test or
position it, the following sequence of actions shall be followed:	(h)
Procedures for testing.  In each situation in which a lockout/tags-plus
system must be removed temporarily and the machinery, equipment, or
system restarted to test it or to position a component, the employer
shall ensure that the authorized employee does the following in
sequence:

(i) Clear the machine, equipment, or system of tools and materials in
accordance with paragraph (d)(1) of this section;	(h)(1)  Clears tools
and materials from the work area;

(ii) Remove employees from the machine, equipment or system area in
accordance with paragraph (d)(2) of this section;	(h)(2)  Removes
nonessential employees from the work area;

(iii) Remove the lockout or tagout devices as specified in paragraph
(d)(3) of this section;	(h)(3)  Removes each lockout/tags-plus system in
accordance with paragraph (i) of this section;

(iv) Energize and proceed with testing or positioning; and	(h)(4)
Restarts the machinery, equipment, or system and then proceeds with
testing or positioning; and

(v) Deenergize all systems and reapply energy control measures in
accordance with paragraph (c) of this section to continue the servicing
and/or maintenance.	(h)(5)  After completing testing or positioning,
deenergizes and shuts down the machinery, equipment, or system and
reapplies all lockout/tags-plus systems in accordance with paragraphs
(e)-(g) of this section to continue servicing.

	NOTE to paragraph (h) of this section: When the Navy ship’s force
serves as the lockout/tags-plus coordinator, performs the testing, and
maintains control of the lockout/tags-plus systems or devices during
testing, the employer is in compliance with paragraph (h) when the
employer’s authorized employee acknowledges to the lockout/tags-plus
coordinator that the employer’s personnel and tools are clear and the
machinery, equipment, or system being serviced is ready for testing, and
upon completion of the testing, verifies the reapplication of the
lockout/tags-plus systems.

(2) Outside personnel (contractors, ship’s crew, etc.).  (i) Whenever
outside servicing personnel such as contractors or ship’s crew are to
be engaged in activities covered by the scope and application of this
standard, the on-site employer and the outside employer shall inform
each other of their respective lockout or tagout procedures.	(l)
Procedures for multi-employer worksites.  (1) The host employer shall
establish and implement procedures to protect employees from hazardous
energy in multi-employer worksites.  The procedures shall specify the
responsibilities for host and contract employers.

(ii) The on-site employer shall ensure that his/her employees understand
and comply with the restrictions and prohibitions of the outside
employer's energy control program.	(l)(2) Host employer
responsibilities. The host employer shall carry out the following
responsibilities in multi-employer worksites:

	(l)(2)(i) Inform each contract employer about the content of the host
employer’s lockout/tags-plus program and procedures;

	(l)(2)(ii) Instruct each contract employer to follow the host
employer’s lockout/tags-plus program and procedures; and

	(l)(2)(iii) Ensure that the lockout/tags-plus coordinator knows about
all servicing operations and communicates with each contract employer
who performs servicing or works in an area where servicing is being
conducted.

	(l)(3) Contract employer responsibilities. Each contract employer shall
perform the following duties when working in a multi-employer worksite:

	(l)(3)(i)  Follow the host employer’s lockout/tags-plus program and
procedures;

	(l)(3)(ii)  Ensure that the host employer knows about the
lockout/tags-plus hazards associated with the contract employer’s work
and what the contract employer is doing to address these hazards; and

	(l)(3)(iii)  Inform the host employer of any previously unidentified
lockout/tags-plus hazards that the contract employer identifies at the
multi-employer worksite.

	Note 1 to paragraph (l) of this section: The host employer may include
provisions in its contract with the contract employer for the contract
employer to have more control over the lockout/tags-plus program if such
provisions will provide an equivalent level of protection for the host
employer’s and contract employer’s employees as that provided by
paragraph (l) of this section.

	Note 2 to paragraph (l) of this section: When the U.S. Navy contracts
directly with a contract employer and the Navy ship’s force maintains
control of the lockout/tags-plus systems or devices, that contract
employer shall consider the Navy to be the host employer for the
purposes of § 1915.89(l)(3).

(3) Group lockout or tagout.  (i) When servicing and/or maintenance is
performed by a crew, craft, department or other group, they shall
utilize a procedure which affords the employees a level of protection
equivalent to that provided by the implementation of a personal lockout
or tagout device.	(k)  Procedures for group lockout/tags-plus.  When
more than one authorized employee services the same machinery,
equipment, or system at the same time, the following procedures shall be
implemented:

	(k)(2)(ii) Use a procedure that the employer can demonstrate affords
each authorized employee a level of protection equivalent to the
protection provided by having each authorized employee apply a personal
lockout/tags-plus system. Such procedures shall incorporate a means for
each authorized employee to have personal control of, and accountability
for, his or her protection, such as, but not limited to, having each
authorized employee:

	(k)(2)(ii)(A)  Sign a group tag (or a group tag equivalent), attach a
personal identification device to a group lockout device, or performs a
comparable action before servicing is started; and

	  (k)(2)(ii)(B)  Sign off the group tag (or the group tag equivalent),
remove the personal identification device, or perform a comparable
action when servicing is finished.

	Note to paragraph (k)(2) of this section:  When the Navy ship's force
maintains control of the machinery, equipment, or systems on a vessel
and prohibits the employer from applying or removing the
lockout/tags-plus system or starting up the machinery, equipment, or
systems being serviced, the employer is in compliance with the
requirements in paragraphs (k)(1)(iii) and (k)(2), provided that the
employer ensures that the primary authorized employee takes the
following steps in the following order:  (1) before servicing begins and
after deenergization, (a) verifies the safe exposure status of each
authorized employee, and (b) signs a group tag (or a group tag
equivalent) or performs a comparable action; and (2) after servicing is
complete and before reenergization, (a) verifies the safe exposure
status of each authorized employee, and (b) signs off the group tag
(or the group tag equivalent) or performs a comparable action.

(ii) Group lockout or tagout devices shall be used in accordance with
the procedures required by paragraph (b)(4) of this section including,
but not necessarily limited to, the following specific requirements:

(k)(1)  Primary authorized employee.  The employer shall:

(A) Primary responsibility is vested in an authorized employee for a set
number of employees working under the protection of a group lockout or
tagout device (such as an operations lock);	(k)(1)(i)  Assign
responsibility to one primary authorized employee for each group of
authorized employees performing servicing on the same machinery,
equipment, or system;

(B) Provision for the authorized employee to ascertain the exposure
status of individual group members with regard to the lockout or tagout
of the machine, equipment or system;	(k)(1)(ii)  Ensure that the primary
authorized employee determines the safe exposure status of each
authorized employee in the group with regard to the lockout/tags-plus
system;

	(k)(1)(iii)  Ensure that the primary authorized employee obtains
approval from the lockout/tags-plus coordinator to apply and remove the
lockout/tags-plus system; and

	(k)(1)(iv) Ensure that the primary authorized employee coordinates the
servicing operation with the coordinator when required by paragraph
(c)(7)(i) of this section.

(C) When more than one crew, craft, department, etc., is involved,
assignment of overall job-associated lockout or tagout control
responsibility to an authorized employee designated to coordinate
affected work forces and ensure continuity of protection; and

(k)(2)  Authorized employees.  The employer shall either:

(D) Each authorized employee shall affix a personal lockout or tagout
device to the group lockout device, group lockbox, or comparable
mechanism when he or she begins work and shall remove those devices when
he or she stops working on the machine, equipment or system being
serviced or maintained.	(k)(2)(i)  Have each authorized employee apply a
personal lockout/tags-plus system; or

(4) Shift or personnel changes.  Specific procedures shall be utilized
during shift or personnel changes to ensure the continuity of lockout or
tagout protection, including provision for the orderly transfer of
lockout or tagout device protection between off-going and oncoming
employees, to minimize exposure to hazards from the energization or
start-up of the machine, equipment or system, or the release of stored
energy.	(m) Procedures for shift or personnel changes.  (1)  The
employer shall establish and implement specific procedures for shift or
personnel changes to ensure the continuity of lockout/tags-plus
protection.

	(m)(2)  The employer shall establish and implement provisions for the
orderly transfer of lockout/tags-plus systems between authorized
employees when they are starting and ending their workshifts, or when
personnel changes occur during a workshift, to prevent energization or
startup of the machinery, equipment, or system being serviced or the
release of hazardous energy.

	(r)  Recordkeeping.  (1) Table to paragraph (r)(1) of this section
specifies what records the employer must retain and how long the
employer must retain them:

	Table to paragraph (r)(1) of this section – Retention of Records
Required by § 1915.89

	(r)(2)  The employer shall make all records required by this section
available to employees, their representatives, and the Assistant
Secretary in accordance with the procedures and time periods specified
in 29 CFR 1910.1020(e)(1) and (e)(3).

Note to §1915.89: The following appendix A to §1915.89 serves as a
non-mandatory guideline to assist employers and employees in complying
with the requirements of this section, as well as to provide other
helpful information.  Nothing in the appendix adds to or detracts from
any of the requirements of this section.	(s) Appendices.  Non-mandatory
Appendix A is a guideline to assist employers and employees in complying
with the requirements of this section, and to provide them with other
useful information.  The information in Appendix A does not add to, or
in any way revise, the requirements of this section.

 Table 3 is only for informational use to show the differences between
the proposed and final rules.  It should not be referenced for specific
provisions in OSHA’s regulatory requirements of 29 CFR 1915.89.

							  DATE \@ "M/d/yyyy"  4/13/2011

								  PAGE  2

The employer must keep the following records . . . 	For at least . . .

(i)  Current lockout/tags-plus program and procedures	Until replaced by
updated program and procedures

(ii)  Training records	Until replaced by updated records for each type
of training

(iii)  Incident investigation reports	Until the next program audit is
completed

(iv)  Program audit report 	12 months after being replaced by the next
audit report


[Federal Register Volume 84, Number 37 (Monday, February 25, 2019)]
[Notices]
[Pages 6005-6007]
[FR Doc No: 2019-03129]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0369]

Product-Specific Guidances; Draft and Revised Draft Guidances for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of additional draft and revised draft product-specific
guidances. The guidances provide product-specific recommendations on,
among other things, the design of bioequivalence (BE) studies to
support abbreviated new drug applications (ANDAs). In the Federal
Register of June 11, 2010, FDA announced the availability of a guidance
for industry entitled ``Bioequivalence Recommendations for Specific
Products'' that explained the process that would be used to make
product-specific guidances available to the public on FDA's website.
The guidances identified in this notice were developed using the
process described in that guidance.

DATES: Submit either electronic or written comments on the draft
guidance by April 26, 2019 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the

manner detailed (see ``Written/Paper Submissions'' and
``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2007-D-0369 for ``Product-Specific Guidances; Draft and Revised
Draft Guidances for Industry.'' Received comments will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidances to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance documents.

FOR FURTHER INFORMATION CONTACT: Wendy Good, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 75, Rm. 4714, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 11, 2010 (75 FR 33311), FDA
announced the availability of a guidance for industry entitled
``Bioequivalence Recommendations for Specific Products'' that explained
the process that would be used to make product-specific guidances
available to the public on FDA's website at https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm.
    As described in that guidance, FDA adopted this process as a means
to develop and disseminate product-specific guidances and provide a
meaningful opportunity for the public to consider and comment on those
guidances. Under that process, draft guidances are posted on FDA's
website and announced periodically in the Federal Register. The public
is encouraged to submit comments on those recommendations within 60
days of their announcement in the Federal Register. FDA considers any
comments received and either publishes final guidances or publishes
revised draft guidances for comment. Guidances were last announced in
the Federal Register on November 29, 2018 (83 FR 61388). This notice
announces draft product-specific guidances, either new or revised, that
are posted on FDA's website.

II. Drug Products For Which New Draft Product-Specific Guidances Are
Available

    FDA is announcing the availability of new draft product-specific
guidances for industry for drug products containing the following
active ingredients:

     Table 1--New Draft Product-Specific Guidances for Drug Products
------------------------------------------------------------------------

---------------------------------------------------------------------------
Acalabrutinib.
Acetaminophen; Caffeine; Dihydrocodeine bitartrate.
Angiotensin II acetate.
Bexarotene.
Bosentan.
Bromocriptine mesylate.
Chlorothiazide.
Daptomycin.
Dexamethasone.
Dihydroergotamine mesylate.
Diltiazem hydrochloride.
Doxycycline calcium.
Doxylamine succinate; Pyridoxine hydrochloride.
Fish oil; Medium chain triglycerides; Olive oil; Soybean oil.
Isocarboxazid.
Ivacaftor; Tezacaftor.
Letrozole; Ribociclib succinate.
Loratadine; Pseudoephedrine sulfate.
Methsuximide.

Ozenoxacin.
Paroxetine mesylate.
Succimer.
------------------------------------------------------------------------

III. Drug Products For Which Revised Draft Product-Specific Guidances
Are Available

    FDA is announcing the availability of revised draft product-
specific guidances for industry for drug products containing the
following active ingredients:

   Table 2--Revised Draft Product-Specific Guidances for Drug Products
------------------------------------------------------------------------

---------------------------------------------------------------------------
Acetaminophen; Butalbital.
Aripiprazole.
Azelastine HCl; Fluticasone propionate.
Betamethasone Dipropionate; Calcipotriene Hydrate (multiple Reference
 Listed Drugs).
Betamethasone Dipropionate; Clotrimazole (multiple Reference Listed
 Drugs).
Butenafine HCl (multiple Reference Listed Drugs).
Butoconazole nitrate (multiple Reference Listed Drugs).
Calcipotriene (multiple Reference Listed Drugs).
Ceritinib.
Ciclopirox (multiple Reference Listed Drugs).
Clotrimazole (multiple Reference Listed Drugs).
Crisaborole.
Dexamethasone; Tobramycin (multiple Reference Listed Drugs).
Diclofenac sodium.
Econazole nitrate.
Fluorouracil (multiple Reference Listed Drugs).
Fluticasone propionate.
Haloperidol.
Imiquimod (multiple Reference Listed Drugs).
Ingenol mebutate (multiple Reference Listed Drugs).
Ketoconazole.
Lumacaftor; Ivacaftor.
Miconazole.
Mometasone furoate monohydrate (multiple Reference Listed Drugs).
Oxiconazole Nitrate (multiple Reference Listed Drugs).
Tazarotene (multiple Reference Listed Drugs).
Terbinafine hydrochloride.
Treprostinil diethanolamine (multiple Reference Listed Drugs).
Tretinoin.
Triamcinolone acetonide.
------------------------------------------------------------------------

    For a complete history of previously published Federal Register
documents related to product-specific guidances, go to https://www.regulations.gov and enter Docket No. FDA-2007-D-0369.
    These draft guidances are being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). These draft guidances,
when finalized, will represent the current thinking of FDA on, among
other things, the product-specific design of BE studies to support
ANDAs. They do not establish any rights for any person and are not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.
This guidance is not subject to Executive Order 12866.

IV. Electronic Access

    Persons with access to the internet may obtain the draft guidances
at either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.

    Dated: February 19, 2019.
Lowell J. Schiller,
Acting Associate Commissioner for Policy.
[FR Doc. 2019-03129 Filed 2-22-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31853-31855]
[FR Doc No: 2011-13443]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0197]
RIN 1625-AA00

Safety Zone; Commencement Bay, Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is amending our regulations to expand the
established safety zone during the annual Tacoma Freedom Air Show held
at Commencement Bay, Tacoma, WA. The safety zone expansion will enlarge
the clear area for low flying aircraft during this event. This expanded
safety zone is necessary to ensure the safety of crews, spectators,
participants of the event, participating vessels, and other vessels and
users of the waterway during the event. Persons and vessels are
prohibited from entering into, transiting through, or anchoring within
this safety zone unless authorized by the COTP or his designated
representative.

DATES: This rule is effective July 5, 2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0197 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0197 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Ensign Anthony P. LaBoy, USCG

Sector Puget Sound Waterways Management Division, Coast Guard;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 7, 2011, we published a notice of proposed rulemaking
(NPRM) entitled: Safety Zone; Commencement Bay, Tacoma, WA, in the
Federal Register (76 FR 19290). We received zero comments on the
proposed rule. We received zero requests for a public meeting and one
was not held.

Basis and Purpose

    The Coast Guard is expanding the boundaries of the safety zone
established in 33 CFR 165.1305. Due to the growth of the event,
sponsors have requested a larger safety zone in order to safely
accommodate additional aircraft and displays while protecting the
safety of crews, spectators, participants of the event, participating
vessels, and other vessels and users of the waterway during the event.
In addition, expanding the zone will allow safety vessels to patrol
inside the safety zone; reducing any vessel traffic along the shoreline
that could impede movement of safety vessels.

Background

    The Tacoma Freedom Fair Air Show is an annual air show in Tacoma,
WA. The show involves demonstrations by civilian, Navy, Air Force,
Marine Corps, and Coast Guard aircraft, to include rescue simulations
performed by low-flying helicopters. This rule expands the safety zone
codified in 33 CFR 165.1305. This expansion accommodates the growth of
the air show since its 1995 debut and ensures the safety of crews,
spectators, participants of the event, participating vessels, and other
vessels and users of the waterway during the event.

Discussion of Comments and Changes

    No comments on the proposed rulemaking were received and no changes
are being made to the rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard bases this finding on the fact that the safety zone
is small in size, short in duration, and maritime traffic will be able
to safely transit the area outside of this safety zone. Maritime
traffic may also request permission to transit through the zone from
the Captain of the Port, Puget Sound or Designated Representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to enter or transit through a portion of Commencement Bay, Tacoma,
Washington on July 4th from 2 p.m. until 12:30 a.m. July 5th, annually.
This safety zone will not have a significant economic impact on a
substantial number of small entities, because the safety zone is short
in duration, minimal in size, and maritime traffic will be allowed to
transit through the safety zone with permission.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves changing a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165, as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1

0
2. In Sec.  165.1305, revise paragraph (a) to read as follows:

Sec.  165.1305  Commencement Bay, Tacoma, WA

    (a) Location. The following area is a safety zone for the Tacoma
Freedom Fair Air Show: All portions of Commencement Bay bounded by the
following coordinates: Latitude 47[deg]17'38'' N, Longitude
122[deg]28'43 W; thence south easterly to Latitude 47[deg]17'4'' N,
Longitude 122[deg]27'32'' W; thence south westerly to Latitude
47[deg]16'35'' N, Longitude 122[deg]28'1'' W; thence north westerly
along the shoreline to Latitude 47[deg]17'10'' N, Longitude
122[deg]29'14'' W; thence returning to the origin. This safety zone
resembles a rectangle protruding from the shoreline along Ruston Way.
Floating markers will be placed by the sponsor of the event to
delineate the boundaries of the safety zone.
* * * * *

    Dated: May 11, 2011.
S.J. Ferguson,
Captain, U. S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-13443 Filed 6-1-11; 8:45 am]
BILLING CODE 9110-04-P