A Texas-based steel fabricator, Ward Vessel & Exchanger, successfully appealed three Occupational Safety and Health Administration (OSHA) lock-out/tag-out (LOTO) citations and one recording citation that stemmed from a January 2021 incident in which an employee got his fingers stuck in a plate rolling machine, resulting in an amputation. The incident occurred during regular operations between shifts when an employee attempted to clean the machine rollers. When he could not lower the rollers, a supervisor attempted to troubleshoot. The machine remained energized for troubleshooting. However, the employee continued to clean the rollers while the supervisor lowered the rollers into position. As a result, the rollers pinched the employee’s fingers, resulting in amputation.
The Administrative Law Judge (ALJ) held that the LOTO standard did not apply to this task. Aluminium Padlocks
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One practical takeaway from this case is that cleaning, maintenance, and troubleshooting should be clearly separated with no overlap to minimize the potential for injury. Also, when evaluating whether to contest an OSHA citation, employers should consider, as a threshold question, whether the cited standard even applies to the task being performed.
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