Machines powered by electricity or other forms of energy in order to function can be found on almost every job site in Indiana and Illinois. It is rare to find an industry in our part of the country that does not need powered machines in some capacity: from our ports, our air and train transportation, our automotive industry, to our steel mills, our farming operations, our construction projects, and commercial trucking, they are commonplace.
Of course, with the use of power sufficient to move or operate any machine comes the possibility of serious or fatal industrial accidents where the worker is killed or suffers catastrophic and permanent bodily harm.
To protect against personal injuries on the job caused by machines operated by a powerful energy source comes a vital safety protocol that is to be used by employers everywhere as part of the legal duty of care owed to their workers. This is known as the “lock-out tag-out” or “LoTo” safety system.
What is Lockout Tagout?
From a safety perspective, a “lockout” occurs when an authorized, experienced, and trained employee has a machine powered by hazardous energy locked in an off position so it can be repaired, replaced, or maintained. This worker will be under an extreme danger of exposure to this energy source while performing these duties.
Sometimes, the machine or piece of equipment is not easily locked out, or simply cannot be locked. Here, the worker follows a “tagout” process with warnings that include physical warning signs placed on or near any switches or dials, etc., that control the hazardous energy involved.
The United States Department of Agriculture explains that Lock-Out Tag-Out is a safety standard requiring “… hazardous energy sources be ‘isolated and rendered inoperative’ before maintenance or servicing work can begin.” It is a huge and prevalent danger on our worksites, since Lo-To systems apply to varied forms of energy sources, such as:
- electrical (either active current or stored as in a capacitor)
- pneumatic
- hydraulic
- mechanical
- thermal
- chemical
- the force of gravity.
Warns the Agriculture Department:
It is important to remember all of the energy sources must be “isolated and rendered inoperative.” Overlooking an energy source has proved fatal on several occasions.
Industrial Machine Energy Source: Hazardous and Deadly
The key here: these widespread energy sources in the industrial workplace are considered “hazardous” because they are known for their ability to severely harm or kill workers on the job. The danger they create for industrial workers in our part of the country cannot be underestimated.
The Occupational Health and Safety Administration (OSHA) explains why hazardous power sources for industrial machines are so dangerous: if this dangerous, or hazardous, energy is not “properly controlled,” workers can suffer bodily injuries that may involve:
- Electrocution
- Burns (electrical; chemical; thermal)
- Crushing Injuries
- Cuts
- Lacerations
- Amputations
- Fractures and
- Other bodily injuries.
Understandably, these power sources pose a very high injury risk for any worker who is even remotely near the industrial equipment. However, for those who are tasked with service, repair, or maintenance of these powered machines, the risk of serious or fatal injury is especially high.
Examples of how workers can be hurt or killed in these energy failures, as provided by OSHA, include:
- A steam valve is automatically turned on burning workers who are repairing a downstream connection in the piping.
- A jammed conveyor system suddenly releases, crushing a worker who is trying to clear the jam.
- Internal wiring on a piece of factory equipment electrically shorts, shocking worker who is repairing the equipment.
Lockout Tagout Protection for Industrial Workers: Employers’ Duty of Care
There are overall safety measures established by federal law which employers, regardless of the particular industry involved, are to follow in order to protect workers from the dangers of hazardous energy on the job site. These are provided in 29 CFR 1910.147, sometimes referenced as the “LOTO Standard,” which details the steps that should be taken to disable machinery in order to protect against the exposure to hazardous energy from the equipment and any resulting harm to workers.
The employer’s duty extends past understanding and following established safety procedures regarding the machinery itself. Lockout – Tagout safety practices must also involve training workers regarding the risks of working near hazardous energy, and how they are to abide by the established safety protocols for hazardous energy control at the workplace. This training must include both education and skill in the application, usage, and removal of anything at the job which is controlled or powered by a defined hazardous energy source.
Among the key duties of industrial employers in Indiana and Illinois regarding LOTO safety procedures are the following, as explained by OSHA:
- Training of workers in any area where hazardous energy safety is a concern must include a specific prohibition against attempting to restart or reenergize machines or other equipment that are locked or tagged out.
- Workers with the authorization to lockout the machines must have training in all the hazardous energy sources on the site, as well as the means and methods of isolating and controlling that energy.
- The employer should provide retraining as often as necessary to keep workers proficient in dealing with hazardous energy on the site.
- The employer should provide training when there is any change in the methods to be used in dealing with hazardous energy on the site.
These are the general guidelines to be followed in all industries regarding hazardous energy safety. However, specific work sites will have unique circumstances which will increase the employer’s safety duties. As for Lockout-Tagout duties for employers in specific industries or lines of work, see the following federal regulations:
- Marine Terminals (1917 Subpart C);
- Longshoring (1918 Subpart G);
- General Construction- Electrical (1926 Subpart K);
- Concrete and Masonry Construction (1926 Subpart Q);
- Electric Power Transmission and Distribution (1926 Subpart V);
- Electrical (1910 Subpart S),
- Special Industries (1910 Subpart R), and
- Electric Power Generation, Transmission and Distribution (269).
For more, read the OSHA Lockout/Tagout Fact Sheet.
Claims for Justice for Victims of Lockout/Tagout Accidents in Indiana and Illinois
Unfortunately, employers fail in their duty of care and safety regarding hazardous energy being used in the factory, warehouse, steel mill, automotive plant, construction site, or other industrial workplace and when this happens, workers are vulnerable to catastrophic injury or death when LOTO safety systems fail.
These failures can involve inadequate training or complicated equipment design malfunctions. Tragically, they may also involve failure of LOTO tools like circuit breakers, switches, or padlocks or inadequate lockout signage.
No matter the Lockout-Tagout failure, in any severe industrial accident involving injuries sustained by hazardous energy, the employer’s actions or failures to act must be carefully and meticulously investigated by those advocating for the accident victims and their families.
LOTO procedures are not an option. The employer, from back-office management to the site supervisor, has a legal responsibility to make sure workers are kept safe from harm resulting from hazardous energy. Established lockout/tagout procedures must be respected.
Employers may be found liable under state workers’ compensation established by Indiana and Illinois law. There may be claims to be filed under state wrongful death laws should legal liability extend to third parties, such as the manufacturer, designer, or installer of the machinery or equipment involved in the incident.
For more on workers’ compensation and wrongful death claims, read:
- Job Site Injury in Illinois or Indiana: When Accidents at Work Are Not Worker’s Compensation Claims
- AFL-CIO 2021 Report: Shocking Risk of Dying on the Job for Workers in Indiana and Illinois
- Wrongful Death Laws: In Fatal Accidents, Who Should Pay for the Family’s Legal Fees?
- 10 Things to Know About Wrongful Death in Indiana Accidents
- Industrial Accidents in Indiana and Illinois: Serious Injury or Death on the Job.
Industrial workers in Indiana and Illinois are the backbone of our state economies, as well as often being the main breadwinners for their families. They deserve protection and respect on the job which is often infuriatingly lacking when employers choose to place profits over people. Please be careful out there!
