Corporate-Wide Settlement Agreements - Table of Contents Corporate-Wide Settlement Agreements - Table of Contents

SOL:KK
Telephone No.: (312) 353-4995
Facsimile No.: (312) 353-5698

BY FAX

September 23, 2011

Honorable Dennis Phillips
Administrative Law Judge
Occupational Safety and Health
      Review Commission
1120 20th Street, N.W. Ste. 993
Washington, D.C. 20036-3457

Re: Secretarv of Labor v. Outland Energy Services
OSHRC Docket No. 11-1138

Dear Judge Phillips:

Attached is the fully executed Stipulation and Settlement Agreement in this matter.

Thank you for all of your efforts to help the parties settle this matter.

JOAN E. GESTRIN
Regional Solocitor

KEVIN KOLIN
Senior Trial Attorney

cc: Christa Lee Rock, Esq.


UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

HILDA L. SOLIS, Secretary of Labor,
United States Department of Labor,

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OSHRC Docket No.
11-1533

Complainant,

v.

OUTLAND ENERGY SERVICES, LLC,

Respondent.

STIPULATION AND SETTLEMENT AGREEMENT

Complainant, HILDA L. SOLIS, Secretary of Labor, United States Department of Labor, and Respondent, OUTLAND ENERGY SERVICES, LLC, pursuant to Rule 100 of the Occupational Safety and Health Review Commission (the "Commission") hereby agree and stipulate to the full settlement of these proceedings as follows:

    1. Complainant amends Citation and Notification of Penalty No.1 by deleting any reference to the alleged violations in Items 1 through 6 as willful and by reclassifying each item of alleged violation as an unclassified violation of Section 17 of the Occupational Safety and Health Act (the "OSH Act").

    2. (b) Complainant amends Citation and Notification ofPenaltyNo. 1, Items 1 through 5 by amending the cited standard and violation description to read as follows:

      • Item 1. 191 0.269( d)(2)(iii): Proper procedures were not used for the control of potentially hazardous energy. On or about October 20, 2010, employees at the Cayuga Ridge Wind Farm were not protected from potentially hazardous energy covered by paragraph 191 0.269(d).

      • Item 2. 191 0.269(d)(8)(ii)(A): Primary responsibility was not invested in an authorized employee for employees who were subject to group lockout requirements. On or about October 20, 2010, at the Cayuga Ridge Wind Farm, an authorized employee was not invested with primary responsibility for employees who were subject to group lockout requirements.

      • Item 3. 191 0.269(d)(8)(ii)(B): Provision shall be made for the authorized employee to ascertain the exposure status of all individual group members with regard to the lockout or tagout of the machine or equipment. On or about October 20, 2010, at the Cayuga Ridge Wind Farm, inadequate provision was made for the authorized employee to ascertain the exposure status of all individual group members regarding the lockout or tagout of equipment.

      • Item 4. 1910.269(d)(8)(ii)(C): When more than one crew, craft, department or other group is involved, assignment of overall jobassociated lockout or tagout control responsibility shall be given to an authorized employee designated to coordinate affected work forces and ensure continuity of protection. On or about October 20, 2010, at the Cayuga Ridge Wind Farm, an authorized employee was not assigned jobassociated lockout or tagout control responsibility to coordinate with other affected work forces at the site and ensure continuity of protection for Respondent's employees.

      • Item 5. 1910.269(d)(8)(iv): Whenever outside servicing personnel are to be engaged in activities covered by paragraph (d) of this section, the onsite employer and the outside employer shall inform each other of their respective lockout or tagout procedures, and each employer shall ensure that his or her personnel understand and comply with restrictions and prohibitions of the energy procedures being used. On or about October 20,2010, at the Cayuga Ridge Wind Farm, Respondent failed to ensure that its personnel complied with restrictions and prohibitions of Respondent's energy procedures.

    3. The citations are hereby further amended to include the provisions of Paragraph III (b) through (h) of this agreement as required abatement ofthe underlying conditions referred to in the citations, as amended. Failure to comply with the provisions plan shall be a failure to abate Citation No. 1, Items 1 through 6 as written and amended herein.

  1. Respondent has no objection to Complainant amending the Citations and Notifications of Penalty as set forth in paragraph I above.

  2. Respondent hereby withdraws its Notice of Contest to the Citations and Notifications of Penalty, as amended herein. Respondent makes the following representations and assurances to Complainant:

    1. The conditions alleged in the Citations and Notifications of Penalty, as amended, have been abated. Respondent will provide abatement verification to the Peoria Area Office upon the signing of this agreement.

    2. Respondent is currently complying with and will continue to comply with the cited standards. In servicing and maintaining wind turbines, Respondent shall comply with the requirements of the standard by implementing the new procedures contained in Sections II(A) and (B) of Appendix A of this agreement (which is incorporated herein), or by using standard "lock and climb" procedures as referenced in Section II(C) of Appendix A.

    3. Respondent has recertified all of its technicians in lockout/tagout procedures and provided all technicians with supplementallockout/tagout training.

    4. Respondent shall train all technicians and their supervisors in the procedures contained in Appendix A. Respondent agrees to complete such training for any employee before such procedures are implemented at a given site. Such training shall be completed in any case by March 1, 2012. Respondent shall provide written verification of this training to the Occupational Safety and Health Administration ("OSHA") within I 0 days after the training is completed. Until training is completed, Respondent shall continue to use its "lock and climb" procedures as referenced in Section IT(C) of Appendix A to comply with 29 C.F.R. § 1910.269(d)(8).

    5. Respondent consents to OSHA conducting reasonable warrantless inspections of Respondent's operations for a period of two years after the date that this agreement becomes a final order of the Commission. Complainant acknowledges that Respondent does not own the sites at which it performs services, and therefore does not have ultimate authority to allow OSHA onsite to conduct such inspections. In the event OSHA attempts to conduct an inspection, Respondent will use its best efforts to help OSHA gain access to the sites and/or turbines at which it performs services, including, as necessary, advising the site owner at the time of the inspection that Respondent does not object to such inspection. Respondent shall not be deemed to be in violation of this agreement due to any inability of OSHA to gain access to a site and/or turbine if such inability is outside of Respondent's control.

    6. Respondent will retain a third-party safety consultant qualified by training, education, and experience to audit its lockout/tagout practices. In retaining the consultant, Respondent shall provide Complainant with the name and credential of each candidate within 30 days of the execution ofthis agreement. Complainant will have seven days to object to any candidate suggested by Respondents. If Complainant objects to any candidate, Respondent shall make another selection within 14 days and that name will be submitted to Complainant who will have seven days to object, until the consultant is selected. If Complainant does not respond to Respondent's selected candidate within seven days, the selections shall be deemed acceptable. Respondent will retain the consultant within 30 days after selection process has been completed.

          Respondent represents that by April 1, 20 I it anticipates having operations at four worksites under contract for more than one year. The consultant shall, within six months of the signing of this agreement, conduct unannounced inspections of two randomly selected worksitcs to determine whether Respondent is complying with OSHA's lockout/tagout requirements. If the third-party consultant finds that a jobsite is not in compliance, then the third-party consultant will submit its findings to Respondent's Director of Environmental Health, Safety and Quality for follow-up activity. Respondent agrees to provide copies of the audits, recommended corrective actions, and reports of corrective action taken pursuant to the audit and worksite inspections to OSHA upon request.

         Complainant acknowledges that Respondent does not own the sites at which it performs services, and therefore does not have ultimate authority to allow any third-party consultant on site to perform unannounced inspections. Respondent will use its best efforts to help such third-party consultant gain access to the sites and/or turbines at which it performs services. Respondent shall notify site owners of the provisions of Paragraph III (f) of this agreement. Respondent shall not be deemed to be in violation of this agreement due to any inability of the third-party consultant to gain access to a site and/or turbine if such inability is outside of Respondent's control

    7. For a period of two years following the execution of this agreement, Respondent will identify all jobsites involving ongoing service and maintenance work under a contract more than one year or pursuant to a order or other agreement lasting one month or more within the jurisdiction of Federal OSHA. Respondent shall identify all current worksites to OSHA within 30 days of the execution of this agreement. Respondent shall thereafter provide to OSHA's Region V office written notification of the name and location of each additional jobsite covered by this agreement upon execution of a contract or receipt of a purchase order to perform work at any such jobsite.

    8. Respondent will participate in the American Wind Energy Association's Health and Safety Conunittee regarding lockoutltagout issues concerning the service and maintenance of wind towers.

    9. Complainant reserves the right to file a civil petition with the Court of Appeals for summary enforcement of the final order entered in this proceeding by the Commission, pursuant to Section ll(b) ofthe OSH Act. Respondent agrees not to object to the entry of a Section 11 (b) summary enforcement order in this matter. Respondent reserves the right to contest any proceeding brought pursuant to the Section 11 (b) summary enforcement order.

    10. Respondent will forward to the Peoria OSHA Area Office cashier checks totaling $378,000 payable to "Occupational Safety and Health Administration- Labor" as follows:

      Date

      By January 1, 2012

      October 1, 2012

      October 1, 2013
      Amount

      $37,800 (10% oftotal fine)

      $136,080 (40% of balance)

      $204,120 (1 00% of balance)

      Respondent further that payment is more than 14 days the full amount of the penalties owed, any amounts paid, shall immediately due and owing. Respondent further that if any payment is more than 14 days late, Respondent waives all rights to notice and review of its debt pursuant to the Federal Claims Collection Act, 31 U.S.C. §3711 et seq, or the relevant implementing regulations, 29 C.F.R. Part 20. Respondent agrees that if any payment is more than 14 days late, the Complainant shall have the right to entry of judgment against Respondent for the remaining balance due, and Respondent shall consent to such judgment. Statutory interest pursuant to 31 U.S.C. § 3717(a)(1) shall accrue on the unpaid balance beginning 14 days after the date the missed payment was due.

  3. Neither this agreement nor the consent by Respondent to entry of a final order by the Commission pursuant to Paragraph VI of this agreement, constitutes any admission by Respondent of any violation of the OSH Act, or regulations or standards promulgated thereunder, other than for proceedings arising under the OSH Act. Respondent's agreement to withdraw its notice of contest, to pay the proposed penalty, to comply with the provisions of Appendix A, and to sign this agreement shall not be construed as an admission of fault or liability in any claim which exists or may arise or be pursued by any person, other than proceedings arising under the OSH Act. Neither this agreement, nor any order of the Commission entered pursuant to this agreement, are intended to be or shall be deemed admissible in any proceeding or litigation, whether civil or criminal, other than proceedings arising under the OSH Act. Respondent enters into this agreement without any prejudice to its rights to raise any defense or argument in any proceedings before the Commission, any court of law or equity, any appellate court, or any alternative dispute resolution proceeding. Respondent retains the right to assert in any subsequent action or proceeding that any future or existing conditions identical or similar to those alleged in the original Citation, the Citation as amended, or the Complaint do not violate the OSH Act or any standard promulgated thereunder. By entering into this agreement, Respondent does not admit the truth of any alleged fact, any ofthe characterizations of Respondent's alleged conduct, or any of the conclusions set forth in the Citation, the amended Citation, or the Complaint in this matter, other than for proceedings arising under the OSH Act.

  4. Respondent certifies that there is no authorized employee representative at Respondent's workplace. It is hereby further certified by Respondent that this agreement has been served on employees, by posting this agreement on September 23, 2011, in a place where the citation is required to be posted, in accordance with Rules 7 and 100 of the Commission's Rules of Procedure.

  5. Complainant and Respondent agree that this agreement, which amends the Citations and Notifications of Penalty, as set forth above, shall become a final and enforceable order of the Commission, with no costs, fees, or other expenses to be assessed or awarded to any of the parties in this litigation.

    Dated: September 23,2011.


    OUTLAND ENERGY SERVICES LLC

    R. CAMERON WINTON
    Vice President and General Counsel
    M. PATRICIA SMITH
    Solicitor of Labor

    JOAN E. GESTRIN
    Regional Solicitor

    KEVIN KOPLIN
    Senior Trial Attorney



    Attorneys for HILDA L. SOLIS
    Secretary of Labor, United States
    Department ofLabor, Complainant

    Office of the Solicitor
    United States Department of Labor
    230 S. Dearborn Street
    Chicago, Illinois 60604
    312-353-4995



NOTICE

Any party (including any authorized employee representative of affected employees and any affected employee not represented by an authorized representative) who has any objection to the entry of an order as set forth in this agreement, must communicate such objections within seven (7) days of the posting of this agreement to the Honorable Dennis L. Phillips, Administrative Law Judge, Occupational Safety and Health Review Commission, Occupational Safety and Health Review Commission, One Lafayette Center, 1120 20th Street, N.W., Ninth Floor, Washington, D.C. 20036-3419, with copies to attorneys for Complainant and Respondent.

CERTIFICATE OF SERVICE

I certify that a copy of the foregoingStipulation and Settlement Agreement has been served on the below-named individual this 23rd day of September, 2011, by sending the aforesaid copy by fax and e-mail to:

Christa Rock, Esq.
Patton Boggs LLC
1801 California Street
Suite 4900
Denver, CO 80202

KEVIN KOPLIN
Senior Trial Attorney

United States Department of Labor
One of the Attorneys for
Complainant

WIND TOWER LOCKOUT PROCEDURES
Secretarv of Labor v. Outland Energy Services
Appendix A to Settlement Agreement Dated September 23, 2011

This document sets forth proposed procedures for service and maintenance of wind tower turbines where the location of energy isolating devices requires employees to climb up and down the tower. The purpose of these lockout procedures is to provide Outland Energy Services, LLC ("Outland") with a compliant means of protecting employees from the risks associated with hazardous energy while reducing employee exposure to fall hazards, exhaustion, heat stroke, aud other risks associated with climbing or descending wind energy towers to lock out equipment. These Wind Tower Lockout Procedures shall serve as Appendix A to the Stipulation and Settlement Agreement between OSHA and Outland related to the Citation attached to the Complaint in OSHRC Docket No. 11-1138 (the "Settlement Agreement").

  1. Background

    Any procedure to control hazardous energy must conform to the central requirement of OSHA's standard, 29 C.F .R. § 1910 .269( d), which provides that each authorized employee exercise control over the deenergization and reenergization of equipment. The following procedures involve a Principal Authorized Employee ("PAE"). The PAE is not allowed to apply locks1 for other employees or release locks of other employees, and may only release job locks using the procedures listed below. For example, the PAE must not remove job locks without authorized employees ("AE"s) performing positive, physical actions to verify their identity. Further, the AEs must confirm that they are in a predetermined safe location before the PAE energizes the equipment or Unit Under Maintenancef ("UUM").

    Predetermined safe locations are defined to include the yaw deck, the transition deck, the nacelle,2or other locations that are separated from the UUM by a protective shield, protective barrier, or a structural partition including, but not limited to, a wall or a floor. The safe locations to be used on a particular job must be specifically identified before work on the job begins.

    The UUM is defined as an electrical component, such as a motor, a disconnect switch, a circuit breaker, a transfer switch, a transformer, or a capacitor, where maintenance, replacement, or repair is being performed. The UUM as it relates to the turbine generator includes only those devices integral to the assembly, such as the exciter field and embedded thermal elements.

    Each of the Wind Tower Lockout Procedures established below describes the process for locking out a single Energy Isolating Device ("EID") to control energy flowing to the UUM. Jiowever, it is frequently necessary to lock out multiple EIDs to perform services on equipment or the UUM. For instance, a crew may need to lock out both circuit breaker 2 and circuit breaker 7 on a particular unit to complete the maintenance on a single unit at the top or bottom of the tower.

    Where lockout of multiple EIDs is necessary, the procedures described below must be performed for EID that is placed in the open position and locked out, even if the EIDs are locked out during the same deenergization sequence. The procedures in this appendix only address certain procedural steps for the control of hazardous electrical energy on equipment regulated by § I 9 I 0.269, and are not to be construed as meeting the requirements for compliance with the remainder of the lockout requirements in § 1910.269 or other applicable OSHA standards.

  2. Group Lockout Procedures

    Outland may elect to perform group lockout (described in Section II(C) below as "lock and climb") in lieu of the procedures listed in Sections II(A) and II(B), below. The "lock and climb" procedures must fully comply with the lockout requirements in § I910.269.

    Before beginning work, the crew must be briefed as required by 1910.269(c). The briefing shall cover hazards associated with the job, work procedures involved (either "lock and climb" procedures or the alternative procedures in Appendix A), special precautions, energy source controls3, and personal protective equipment requirements. Additional job briefings shall be held if significant changes, which might affect the safety of the crew members, occur during the course of the work. In the event that Outland performs unscheduled maintenance or troubleshooting operations on wind tower equipment, crew members will consult the hazardous energy control procedures established by the site owner and equipment manufacturer, and other relevant site owner and manufacturer documents, such as electrical drawings, service manuals, etc., to determine the specific steps for the control of hazardous energy on that UUM.

  1. Group Lockout Using a Group Lockbox, Camera, and Material Hoist Under this scenario, the crew performs lockout by assigning a maintenance crew member, who is also an authorized employee, as the designated PAE. The material hoist provided in most towers will be used to transfer the group lockbox between the EID and the UUM where the EID and the UUM are separated by the height of the tower. If a material hoist is inoperable or nonexistent, each Outland crew shall have access to or be equipped with its own ropes and pulleys and instructions on operating a manual material hoist Alternatively, a powered portable hoist may be used, where the source of power is not commingled, such that it does not present hazards from uncontrolled electric The affirmative, physical step test is met by the crew placing and removing their personal locks from the group lockbox. Additionally, each work crew shall be equipped with the materials defined below to assure the up-tower crew that the correct EID has been locked out

    • A work permit shall be used and completed by the PAE and securely posted on or adjacent to the EID(s). The work permit positively identifies the EID(s) such that the specific EID, its associated tower, and the specific UUM are identified (e.g., "CB3 at L-7 (#5 Yaw Mtr)" for circuit breaker 3 at the base ofthe tower L-7, which feeds yaw motor, or "LBS at 64 (Step-up Transformer 64)" for the loadbreak switch at tower 64, which isolates the up-tower step-up transformer).4 If all of the EIDs to be locked out are grouped at a common location (e.g., in the same electrical cabinet), then a single work permit authorizing the lockout of multiple EIDs must be posted on or adjacent to the EIDs to be locked out, specifically identifying each EID to be locked out If the procedure requires lockout of EIDs in different areas of the tower, then the work permit must be duplicated for posting at each affected EID. Where a UUM requires lockout at multiple EIDs, the work permit must identify each EID.

      The PAE shall record on the work permit each instance in which he energizes or deenergizes the EID, the time and date of such change, the printed names and signatures of the AEs requesting the change, and the printed name and signature of the PAE.

    • A crew permit shall be used to clearly identify, using the naming conventions described for work permits, above, the specific EID(s) to be energized or deenergized, the action requested, the time of the request, and the printed names and signatures of the AEs requesting the change. The crew permit shall travel up and down the tower with the group lockbox (see definition below) and is to be reviewed and signed by the PAE, and checked against the EID identification(s) on the work permit before the PAE places or removes locks on any EID. Where a UUM requires lockout at multiple EIDs, the crew permit must identify each EID.

    • A digital camera is required, which must have_an LCD display, date and timestamp capability, and the clarity and resolution adequate to capture images that include, in a single view, the EID, the lock, the work permit, and the crew permit. Where a UUM requires lockout at multiple EIDs, a separate image must be taken of each affected EID . The PAE shall use the digital camera to demonstrate to AEs working up tower that the EID(s) are energized or deenergized, that the deenergized EID(s) are locked out, and that the EID identification numbers on the posted work permit match those appearing on the crew permit. The digital camera would then with the group Iockbox and crew permit between the ground and the nacelle each time AEs request that EID(s) be energized or deener~ The and the PAE must verify the time and the date of the digital image with each procedural step, and the PAE must verify that each crew member is present in the images taken ofthe crew.

    • A group lockbox shall be used as a secure housing for the key(s) used to lock and unlock the job lock on each EID that is identified as an energy source by a specific work procedure for the UUM. The AEs and, when applicable, the PAE shall each affix their own locks to the group lockbox while working on the UUM. The group lockbox shall travel up and down the tower with the crew permit and the digital camera.

    1. Procedure for Lockout Beginning From Base of Tower

      1. Locking and Traveling Up the Tower

        When the crew determines that the UUM must be deenergized using EID(s) at the base of the tower before any work may begin, the crew arrives at the worksite, and the EID(s) are deenergized. The PAE completes and posts a work permit (in duplicate, if required be~ cause of multiple EIDs in separate locations) at the EID(s) to be locked out. The other AEs on the crew record the EID identification(s) on a crew permit that they will take up the tower. The PAE then locks out each EID and places the key to the job lock for each EID in the group lockbox. All crew members sign the work permit, and then affix their own locks to the lock box. When the PAE also intends to perform maintenance work with the crew, he also signs the crew permit recording the time and date, and affixes his per~ sonallock to the lock box. Otherwise, the PAE maintains control of his own lock and re~ mains at the tower base. The crew now maintains control over reenergizing the EID, because the PAE cannot unlock the job lock(s) without the key(s) in the lockbox. The crew ascends the tower with the crew permit, the group lockbox containing the key(s) to the job lock(s), and the digital camera. Once up tower, the crew verifies the zero energy state of the UUM controlled by the EID(s) and proceeds with the designated tasks.

      2. Reenergizing the UUM

        When the crew is ready to reenergize the UUM, the crew t!rst makes the work area safe as outlined in Outland's standard operating procedures. The crew then moves to the predetermined safe location, all crew members sign the crew permit to request reenergization of the EID, and each crew member unlocks his lock from the lockbox. The crew then takes a date- and time-stamped image to clearly show, in a single view, the crew permit, the group lockbox, and that each AE working up tower is in the safe location. The crew then sends the group lockbox containing the key(s), the crew permit, and the camera to the ground using the material hoist.

        If the PAE is also performing work with the crew at the top of the tower, digital image(s) showing the crew at the location are not required. The PAE will personally transport the group lockbox containing the key(s) to the job lock(s), crew permit, and the camera to the tower base. At the base ofthe tower, the PAE examines the crew permit to assure that all signed the permit and clearly identified the requested action (reenergization of the UUM).

        If the PAE was not also performing work with the crew at the top of the tower, the PAE shall examine the image last taken to ensure that each AE was at the predetermined safe location. The PAE must carefully inspect the date and time stamp on the digital image and scrutinize the images of each AE to verify that each one is in the safe location. The PAE then removes the job lock key( s) from the group lockbox, unlocks the job lock(s) on the EID(s) and reenergizes the system. He then records his actions on the work permit posted at the EID(s), signs the crew permit indicating that he has reenergized the system, and takes date- and time-stamped image(s) that clearly display the reenergized EID(s), the work permit, and the crew permit in a single view. He then places the crew permit in the lockbox, and sends the crew permit and lockbox up the tower with the camera via the material hoist.

        Having remained in the predetermined safe location for the entire reenergization process, the up-tower crew receives the lockbox and confirms that the crew permit contains the PAE's signature verifying that the requested step was taken. The crew then examines the image most recently taken by the PAE to verify that the EID identification(s) on the crew permit match the EID identification(s) on the work permit pictured in the PAE's image. The crew also checks the date and time stamp on the digital image ofthe EID(s) against the crew permit.

        If everything is in order, the crew can leave the predetermined safe location and begin work.

        The PAE may elect to climb up the tower to work on the UUM if assistance is needed in the nacelle and the crew anticipates that multiple cycles of deenergization and reenergization will not be immediately necessary to complete work on the UUM. If it becomes necessary to deenergize the UUM again, the PAE and the crew follow the procedures described in Section II(A)(2) below. If the PAE remains on the ground, the PAE and the crew follow the procedure described in Section II(A)(l )(c) below.

      3. Deenergizing the UUM a Second Time with the PAE at the Tower Base

        If the PAE did not go up tower to assist with the maintenance on the UUM but remained on the ground, the crew notifies the PAE of their desire to have the UUM deenergized again. To do so the crew moves to the predetermined safe location, and takes date- and time-stamped images to clearly show, in a single view, the crew permit, the group lockbox, and that each AE working up tower is in the safe location. The crew then writes its request to deenrgize the UUM on the crew permit, records the date and time of the request and sends it back down the tower with a group lockbox and camera on the material hoist After materials, the PAE and the crew follow the procedures described in Section II(A)(2)(a) below. The crew then follows the procedures described in Section IJ(A)(2)(b) below.

    2. Procedure for Lockout beginning from the Tower Nacelle

      In this scenario, the crew, after ascending the tower, is either able to commence work in the tower nacelle without deenergizing the UUM from the tower base, or the crew determines that it will be necessary to energize and deenergize the UUM using an EID located at the tower base only after beginning work up tower. In this scenario, the PAE is also a technician and member of the crew that had traveled up the tower to perform maintenance procedures.

      1. Placing the Order and Identifying the EID To Be Locked Out

        When the crew determines that it is necessary to deenergize the UUM using EID(s) located at the base of the tower, the AEs on the crew prepare a crew permit that clearly and specifically identifies the EID(s) and the towers at which the EID(s) are to be locked out, the UUM, the action requested, the date and time of the request, and the printed names and signatures of the AEs requesting the change. The crew then retreats to the predetermined safe location. The PAE records a digital image of the crew in the predetermined safe location and descends the tower with the job lock(s) and key(s), the loekbox, the crew permit, and the digital camera. Upon reaching ground level, the PAE locates the EID( s) identified on the crew permit. The PAE then prepares a work permit and posts it at the EID(s) identified on the crew permit. As discussed above, the work permit clearly identifies the specific EID(s) to be locked out (including the associated tower and the specific UUM) and includes the printed name and signature of the PAE, the date and time of the request, and the printed names ofthe AEs requesting the change in energy. The PAE then confirms that the EID identification(s) on the crew permit and the work permit match. The PAE locks out the EID(s), records his action on the work permit, records the time and date, and signs the crew permit verifying that he has taken the requested action, and takes image(s) that capture each locked-out EID, the work permit, and the crew permit in the same image. (Multiple images may be required to document multiple EIDs.) In this scenario, the PAE is also required to ensure that the identifier for each EID is clearly visible in the image alongside the work permit and crew permits. This enables the AEs working up tower to confirm that the correct EID(s) have been locked out, and that the PAE has correctly recorded the EID identification(s) on the work permit(s). The PAE then places the job lock key(s) and the crew permit in the group lockbox and sends the lockbox and camera up the tower via the material hoist.

      2. Confirming Proper Lock Placement and Resumption of Work

        Having remained in the predetermined location, the up-tower crew receives the lockbox, confirms that the job key(s) are in the Iockbox, verifies that the crew permit contains both the PAE's signature and their own, and checks the EID information recorded on the crew permit against the EID identification(s) on the work permit(s) pictured in the date- and time-stamped image taken by the PAE. The crew further examines the of each locked-out EID to ensure that the label affixed to the EID(s) match the EID identifier(s) on the crew permit and work permit(s). The crew also checks the date and time stamp on the digital image of the EID against the most recent time recorded on the crew permit to verify they are examining the most recent image(s).

        If everything is in order, each member of the crew places his individual lock on the group lockbox. The crew then leaves the predetermined safe location and verifies the zero energy state of the UUM controlled by the EID(s). Only when these procedures are complete may the crew perform work on the UUM.

        If the system must be reenergized, the crew follows the procedure set forth in Section II(A)(l)(b) above.

  2. Lockout Using Powered Lift Equipment for Employee Transport

    At worksites where a wind energy tower is equipped with powered lift equipment, such as an electrically powered work cage or climb assist equipment suitable for employee transport up and down the wind tower, Outland may require its employees to comply with § 1910.269(d)(8)(ii)(D) by traveling up and down the wind tower via the powered lift equipment to place and remove locks each time equipment needs to be deenergized or reenergized. In this scenario, each AE would continue to affix his or her lock to a group lockbox containing the key to the job lock, which would be placed or removed by the PAE, who would ascend and descend the tower via the powered lift equipment. Alternatively, each AE would affix his or her personal lock to the EID(s) each time it is necessary to energize or deenergize the UUM; however, each AE would travel up and down the tower via the powered lift equipment.

    This procedure may be implemented in place of the procedure set forth in Section II(A) above at any worksite where either (1) the task to be performed does not require deenergization of the entire wind tower such that the powered lift equipment remains operable even after the appropriate EID(s) have been locked out; (2) the wind farm equipment owner, operator, or manufacturer has provided external generators to power lift equipment when the EID affects the use of such systems; or (3) the wind farm equipment owner, operator, or manufacturer has given Outland permission to use and install its own external generators to power lift equipment when the EID affects the use of such systems.

  3. Lockout Using "Lock-And-Climb" Procedures

    Where implementation of the Wind Lockout Procedures described in Sections II(A) and II(B) above is not possible for any reason, including, inter alia, cost, unavailability of equipment, or lack of consent by a wind farm equipment owner, operator, or manufacturer, Outland shall require its employees to comply with § 191 0.269( d) by traveling up and down the wiud tower to affix and remove locks from the designated EID(s) each time equipment needs to be deenergized or reenergized. This procedure shall be referred to as "lock and climb." If implementation of the Wind Tower Lockout Procedures described in Sections II(A) and II(B) above is not possible, this procedure shall be followed even if it requires multiple employees to manually asceud and/or descend the wind tower multiple times in order to personally lock out each EID for each UUM. Use of the "lock and climb" procedure, if implemented correctly and consistent with existing OSHA standards and standard interpretations, shall not be grounds for any enforcement activity by OSHA to penalize non-compliance with 29 C.P.R. 191 0.269(d) or the Settlement Agreement. Nor shall use of the "lock and climb" procedure be grounds for any penalty for failure to abate the Citation resolved in the Settlement Agreement.


1 The procedures described in Sections II(A) and (B) apply only to lockout. Where an energy isolating device is not capable of being locked out, the use oftagout is permissible only when Outland implements "lock and climb" procedures compliant with 191 0.269( d). Outland reserves the right to use tagout and/or to modify these Wind Tower LOTO Procedures consistent with current or subsequent agency regulation or guidance. Back.

2 Within the nacelle in particular, employees may be exposed to other sources of hazardous energy that are not controlled by the specific LOTO procedures being used during maintenance on the UUM. Before a location may be designated as safe, Outland must determine that employees are protected from all uncontrolled energy sources, including hazards related to reenergizing the UUM.Back.

3 The discussion of the energy source controls must include the location of and how to identify the specific EID that may be locked out Back.

4 Where the EIDs are not already clearly labeled or stenciled with an identifier, Outland must securely attach some means of positively identifying the EID.Back.


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