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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Notices
Condition F: Steps Required To Reenergize the Laser Cell
preventing worker injury, illness, and fatalities.

This condition requires the applicant to develop and implement a detailed procedure for re-energizing the laser cell in order to resume normal laser cutting operations. The procedure for reenergizing the laser cell includes a series of steps so that the Trumpf laser cell can resume laser cutting activities when cleaning activities within the laser cell are complete.

Condition I: Inspections, Tests, and Accident Prevention Condition I requires the applicant to develop, implement, and operate an effective program of frequent and regular inspections of the laser equipment, electrical support systems, and associated work areas. This condition will help to ensure the safe operation and physical integrity of the equipment and work areas necessary to conduct the maintenance task of cleaning in the Trumpf laser cell.
This condition also requires the applicant to conduct tests, inspections, corrective actions and repairs involving the use of the energy isolation devices identified in the application for a permanent variance. Further, this requirement provides the applicant with information needed to schedule tests and inspections to ensure the continued safe operation of the equipment and systems and to determine that the actions taken to correct defects are appropriate.

Condition G: Communication This condition requires the applicant to develop and implement an effective system of information sharing and communication. Effective information sharing and communication are intended to ensure that affected workers receive updated information regarding any safety-related hazards and incidents and corrective actions taken, prior to the start of each shift. The condition also requires the applicant to ensure that reliable means of emergency communications are available and maintained for affected workers and support personnel during laser cleaning activities. Availability of such reliable means of communications enables affected workers and support personnel to respond quickly and effectively to hazardous conditions or emergencies that may develop during laser cleaning operations.

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Condition H: Worker Qualification and Training This condition requires Gestamp to develop and implement an effective hazardous energy control qualification and training program for authorized employees involved in cleaning activities in or around the laser cell.
Additionally, Condition H requires Gestamp to train each affected employee on the purpose and use of the alternative energy control procedures.
All training must be provided in a language that the employees can understand.
The condition specifies the factors that an affected worker must know to perform the maintenance task of cleaning inside the laser cell, including how to enter, work in, and exit from the laser cell under both normal and emergency conditions. Having welltrained and qualified workers performing laser cleaning activities is intended to ensure that they recognize, and respond appropriately to, electrical safety and health hazards. These qualification and training requirements enable affected workers to cope effectively with emergencies, thereby
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Condition J: Recordkeeping Under OSHAs existing recordkeeping requirements in 29 CFR part 1904, Gestamp must maintain a record of any recordable injury, illness, or fatality as defined by 29 CFR part 1904 resulting from exposure of an employee to electrical conditions by completing OSHA Form 301 Incident Report and OSHA Form 300 Log of Work Related Injuries and Illnesses.
Condition K: Notifications Under this condition, the applicant is required, within specified periods of time, to: 1 Notify OSHA of any recordable injury, illness, in-patient hospitalization, amputation, loss of an eye, or fatality that occurs as a result of cleaning activities around the laser cell;
2 provide OSHA a copy of the incident investigation report using OSHA Form 301 Injury and Illness Incident Report of these events within 24 hours of the incident; 3 include on OSHA Form 301 Injury and Illness Incident Report information on the conditions associated with the recordable injury or illness, the root-cause determination, and preventive and corrective actions identified and implemented; 4 provide the certification that affected workers were informed of the incident and the results of the incident investigation; 5
notify OSHAs Office of Technical Programs and Coordination Activities OTPCA and the Charleston, West Virginia OSHA Area Office within 15
working days should the applicant need
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to revise the procedures to accommodate for any changes in the maintenance task of cleaning the Trumpf laser cell that affect Gestamps ability to comply with the conditions of the permanent variance; 6 provide OTPCA and the Charleston, West Virginia Area Office within 15 working days should the applicant need to revise the energy isolation procedures to accommodate changes in the application of the door switch that affect the ability to comply with the conditions of the permanent variance;
and 7 provide OTPCA and the Charleston, West Virginia Area Office, by January 31 of each calendar year, with a report evaluating the effectiveness of the alternative energy control procedures in the previous calendar year.
Additionally, Gestamp must notify OSHA if it ceases to do business, has a new address or location for the main office, or transfers the operations covered by the permanent variance to a successor company. In addition, the transfer of the permanent variance to a successor company must be approved by OSHA. These requirements allow OSHA to communicate effectively with the applicant regarding the status of the permanent variance and expedite the agencys administration and enforcement of the permanent variance.
Stipulating that an applicant is required to have OSHAs approval to transfer a variance to a successor company provides assurance that the successor company has knowledge of, and will comply with, the conditions specified by permanent variance, thereby ensuring the safety of workers involved in performing the operations covered by the permanent variance.
IV. Decision As described earlier in this notice, after reviewing the proposed alternative, OSHA determined that Gestamp developed, and proposed to implement, effective alternative means of protection that protect its employees as effectively as paragraphs 1910.147d4iii of OSHAs LOTO standard during the maintenance task of cleaning the Trumpf laser cell. Further, under section 6d of the OSH Act 29 U.S.C.
655d, and based on the record discussed above, the agency finds that when the employer complies with the conditions of the variance, the working conditions of the employers workers are at least as safe and healthful as if the employer complied with the working conditions specified by paragraph 1910.147d4iii of OSHAs LOTO
standard. Therefore, under the terms of this variance Gestamp must: 1 Comply
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