Text For Citation: 01 Item/Group: 016 Hazard: REFINERY

29 CFR 1910.147(c)(6)(i) The employer shall conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirements of this standard are being followed. A. The employer did not ensure that the energy control procedure, identified as the Lock- Out Tag-Out (LOTO) procedure, was reviewed at least annually to ensure that the procedure and the requirements of this standard are being followed. This violation was identified during onsite inspections, November 2009 through March 2010, Silver Eagle Refining Inc., 2355 South 110 West, Woods Cross, UT, 84087. Review of the employer's LOTO procedure did not demonstrate that the procedure had been reviewed annually. Documents were requested demonstrating the program had been reviewed at least annually. The employer responded stating: "Silver Eagle has been unable to locate any responsive documentation." As identified in the employer's 2006 PSM Compliance Audit, "Procedures exist for employees and contractors to control hazards during operations such as Lockout/Tagout, Confined Space Entry, Opening of Process Equipment of Piping", but, "there is no evidence that audits of the Lock out/Tag out and Confined Space programs have occurred." Throughout the facility evidence suggested the LOTO procedure was not being followed or understood. Example of such include, but are not limited to, multiple locks were placed without identifying information pertaining to who placed the lock. Silver Eagle's procedure, prepared and signed by the Plant Manager, updated Aug 2004, directly requires all tags to be marked with information about who placed the lock. In addition, many locks were found to have French labeling. By not conducting periodic inspections of the energy control procedure, the employer did not identify deficiencies. Such deficiencies can critically affect the process resulting in employee exposures to hazards created by not isolating equipment properly or having locks removed in error. This may be a system-wide occurrence that requires evaluation of the energy control procedure and its use throughout the facility.