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4 agency has provided LOTO training, the host employer

Misapplying the “Minor
Servicing Exception”
to its workplace and equipment.
The “minor servicing exception” is an exception to the will be expected by OSHA to provide training specific
requirement to deenergize and lockout equipment for In the unfortunate event that a temporary worker
certain minor servicing activities, such as clearing jams, is injured, OSHA will ask about the training they
minor tool changes, minor adjustments, provided: received as OSHA has made the protection of such
• the activities are performed during normal operations; workers a point of emphasis since launching the
• they are necessary to the production process; Temporary Worker Initiative.
• they are routine, repetitive, and integral to the
production process; and Don’t forget that Group LOTO requires a
• employees engaged in the activities are lock from each employee
protected from hazardous energy by “effective Even if the employer complies with the LOTO
alternative measures.” standard by ensuring a lockout device is properly
affixed to equipment being serviced, a violation can
The real rub in getting the minor servicing still occur if more than one employee is servicing the
exception right is understanding, implementing, and equipment simultaneously, and only one employee
demonstrating that the measures taken as a substitute applies a lock. Each authorized employee must affix
to locking out the machine are effective to protect his own personal lock to a group or gang lock device.
employees from hazardous energy. Similarly, employers should remind supervisors they
must not assume sole responsibility for the lockout
5 supervisors must still ensure each employee affixes
device affixed to equipment being serviced; those
their own personal LOTO device to the equipment
(or to a group lockbox).
Forgetting Someone

Don’t forget to provide LOTO training
national OSHA Workplace Safety Practice Group at
the law firm Conn Maciel Carey LLP, where he focuses
to “affected” or “other” employees Eric J. Conn is a founding partner and chair of the
his practice on all aspects of occupational safety &
OSHA expects employers to also provide LOTO
training to individuals who operate the equipment health law. Mr. Conn has practiced exclusively in the
field of workplace safety law for more than 20 years,
being serviced (affected employees) and to anyone with the first decade alongside the former first General
else who may be present in areas where LOTO may Counsel of the OSH Review Commission. He handles all
be utilized. Training should ensure affected and other aspects of OSHA litigation and represents employers
employees understand the purpose and function of the in inspections, investigations and enforcement actions
energy control program and procedures, know when involving OSHA, the CSB, MSHA, EPA, and state and
the procedures are being used, and to be aware of the local safety related agencies.
prohibition against attempting to restart a machine that
is locked out. Aaron R. Gelb is an OSHA and Employment Law
Partner at Conn Maciel Carey and head of the firm’s
Don’t forget to provide LOTO training to Chicago Office. Mr. Gelb represents employers
temporary workers during OSHA inspections, investigations, and
enforcement actions, managing the full range
It is essential that temporary workers receive the same of litigation against OSHA, including appeals of
training given to permanent LOTO authorized employees, citations, negotiations of settlements geared
even if they are merely operating equipment, or will work to minimize the impact of enforcement actions
in the area where LOTO is utilized. Even if the staffing on tort cases, and trials before OSHRC.

www.ieci.org | May/June 2021 | Insights Magazine 47