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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Notices
OSHA standard that regulate the control of hazardous energy lockout/tagout.
DATES: The permanent variance specified by this notice becomes effective on March 2, 2021 and shall remain in effect until OSHA revokes this permanent variance.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office of Communications, phone: 202 693
1999; email: meilinger.francis2@dol.gov.
General and Technical Information:
Contact Kevin Robinson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor; phone: 202 6932110 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
Copies of this Federal Register notice:
Electronic copies of this Federal Register notice are available at https
www.regulations.gov. This Federal Register notice and other relevant information are also available at OSHAs web page at https www.osha.gov.

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I. Notice of Application On July 30, 2018, OSHA received a variance application from Gestamp West Virginia LLC Gestamp or the applicant from the provision of the OSHA standard that regulates the control of hazardous energy lockout/
tagout or LOTO for their South Charleston, West Virginia facility.
Specifically, Gestamp sought a variance from the provision of the standard that requires all energy isolating devices needed to control the energy to the machine or equipment shall be physically located and operated in a manner as to isolate the machine or equipment from the energy sources.
29 CFR 1910.147d3. Gestamp also requested an interim order pending OSHAs decision on the application for a variance Document ID No. OSHA
201900040002.
According to the application, Gestamp makes parts for the automotive industry. Gestamp uses a Trumpf laser cell to trim excess metal from automotive parts and burn holes into those parts. The laser operates using a stream of monochromatic coherent light to emit very high levels of energy to cut metal parts. The laser trimming process occurs within a fully enclosed machine structure cell, which contains the laser that is mounted onto a multi-axis transport to allow the laser to cut at a variety of angles; a turntable to load the
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rough parts to be cut using the laser; a water chilling system used to cool the laser; and numerous engineering controls that prevent unauthorized access to the interior of the cell. When actuated, the turntable rotates to the inside of the machine and presents the parts to the laser. The laser system functions in a robotic manner, with axes of motion to cut the metal parts. The laser is managed by a Human Machine Interface HMI, an interface by which the operator inputs commands to and receives information from the laser cell machine.
The laser trimming process creates a byproduct of chaff, dust, dirt, chips, and slugs that must be cleaned from the machine enclosure cell frequently to enable the laser to function properly.
The cleaning is performed by operators and/or maintenance personnel inside the cell and involves sweeping up the byproducts and debris left on the floor of the cell during the operation. These cleaning activities occur at the end of each shift and typically require about 15
minutes to complete.
Gestamp asserts that without frequent cleaning, the laser system would not function properly. Further, the applicant asserts that while the laser has the capability of being de-energized and isolated as required by OSHA and ANSI
standards, frequent powering down and locking out of the laser greatly reduces the performance and overall life of the laser because it takes anywhere from 30
minutes to several hours to power back up after being completely shut down, which reduces the efficiency of the laser. The applicant notes that powering down the laser to perform cleaning activities requires the addition of auxiliary lighting, which would involve the use of extension cords and portable lights, potentially introducing fall and shock hazards. Additionally, the applicant notes that the primary electrical disconnects are not designed or intended for frequent cycling and would increase the risk of arc flash hazards to employees.
OSHA initiated a technical review of Gestamps variance application and developed a set of follow-up questions regarding the assertion that the alternative measures provide equivalent worker protection. On March 15, 2019, Gestamp provided supplemental materials to support the variance application including: A side by side analysis of the requirement of the standard and the proposed alternative OSHA201900040005, a safety work instruction outlining their proposed alternative OSHA201900040004, and a description of Gestamps Lockout/
Tagout Program OSHA20190004

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0003. In reviewing the application, OSHA evaluated the alternative energy control procedures identified in the variance application and the supplemental materials provided by Gestamp.
OSHA reviewed Gestamps application for the variance and interim order and determined that they were appropriately submitted in compliance with the applicable variance procedures in Section 6d of the Occupational Safety and Health Act of 1970 OSH Act, 29 U.S.C. 655d and OSHAs regulations at 29 CFR 1905.11
Variances and other relief under section 6d, including the requirement that the applicant inform workers and their representatives of their rights to petition the Assistant Secretary of Labor for Occupational Safety and Health for a hearing on the variance application.
Following this review, OSHA
determined that the applicants proposed alternative, subject to the conditions in the request and imposed by the Interim Order, provides a workplace that is as safe and healthful as those required by the OSHA
standard. On August 5, 2020, OSHA
published a Federal Register notice announcing Gestamps application for a permanent variance, stating the preliminary determination along with the basis of that determination, and granting the Interim Order 85 FR
47422. OSHA requested comments on each.
OSHA did not receive any comments or other information disputing the preliminary determination that the alternative was at least as safe as OSHAs standard, nor any objections to OSHA granting a permanent variance.
One comment was received OSHA
201900040006 supporting Gestamps application. This comment did not require a response from the agency.
Accordingly, through this notice OSHA
grants a permanent variance subject to the conditions set out in this document.
II. The Variance Application A. Background Gestamps variance application and the responses to OSHAs follow-up questions included the following:
Detailed descriptions of the laser cutting process; the equipment used in the laser cutting process; the proposed alternative to completely isolating the laser during cleaning activities; and technical evidence supporting Gestamps assertions that its alternative methods provide equivalent worker protection.
According to the information included in the application, Gestamps
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