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Newfoundland Legislation

Newfoundland and Labrador Lockout

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used for any other purpose.
Copyright © 2009: Queen’s Printer, St. John's, Newfoundland and Labrador

Occupational Health and Safety Regulations, 2009
under the
Occupational Health and Safety Act
(O.C. 2009-233)

PART IX
DE-ENERGIZATION AND LOCKOUT

Definitions
127.    In this Part
(a)       "control system isolating device" means a device that physically prevents activation of a system used for controlling the operation of machinery or equipment;
(b)       "energy isolating device" means a device that physically prevents the transmission or release of an energy source to machinery or equipment;
(c)        "energy source" means an electrical, mechanical, hydraulic, pneumatic, chemical, thermal or other source of energy of potential harm to workers;
(d)       "key securing system" means a system which physically prevents access to keys when locks or positive sealing devices are applied in a group lockout procedure;
(e)       "lockout" means the use of a lock to render machinery or equipment inoperable or to isolate an energy source in accordance with written procedure;
(f)        "maintenance" means work performed to keep machinery or equipment in a safe operating condition, including installation, repair, cleaning, lubrication and the clearing of obstructions;
(g)       "normal production" means work that is routine, repetitive, and integral to the normal use of machinery or equipment for production; and
(h)       "personal lock" means a lock provided by the employer for use by a worker to ensure personal lockout protection such that each lock, when applied, is operable only by a key in the worker’s possession, and by a key under the control of the supervisor or manager in charge.

General requirement
128.    Where the unexpected energization or startup of machinery or equipment or the unexpected release of an energy source could cause injury, the energy source shall be isolated and effectively controlled.

When lockout required
129.    (1) Where machinery or equipment is shut down for maintenance, no work may be done until
(a)       all parts and attachments have been secured against inadvertent movement;
(b)       where the work would expose workers to energy sources, the hazard has been effectively controlled; and
(c)        the energy isolating devices have been locked out as required by this Part.
(2)       Where machinery or equipment is in use for normal production work, subsection (1) applies where a work activity creates a risk of injury to workers from the movement of the machinery or equipment, or exposure to an energy source, and the machinery or equipment is not effectively safeguarded to protect the workers from the risk.

Lockout procedures
130.    (1) Where lockout of energy isolating devices is required, the devices shall be secured in the safe position using locks in accordance with procedures that are made available to all workers who are required to work on the machinery or equipment.
(2)       An employer shall ensure that each worker required to lock out has ready access to sufficient personal locks to implement the required lockout procedure.
(3)       Combination locks shall not be used for lockout.
(4)       A personal lock shall be marked or tagged to identify the person applying it, the equipment being locked out and the date the lock was applied.
(5)       Procedures shall be implemented for shift or personnel changes, including the orderly transfer of control of locked-out energy isolating devices between outgoing and incoming workers.
(6)       Where the use of a personal lock is not practicable for lockout, other effective means approved by the minister may be used in place of a personal lock to secure an energy isolating device in the safe position.
(7)       Where an energy isolating device is locked out, the lock shall not prevent access to other energy isolating devices supplying machinery or equipment that could cause injury to workers.

Checking locked out equipment
131.    (1) Effective means of verifying lockout shall be provided and used.
(2)       Before commencing work, a worker shall verify that all energy sources have been effectively locked out.

Worker responsibilities
132.    A worker who works on machinery or equipment requiring lockout is responsible for
(a)       locking out the energy isolating devices before starting work except as provided by section 134;
(b)       removing personal locks on the completion of his or her work; and
(c)        maintaining immediate control of the key to personal locks throughout the duration of the work.

Removal of locks
133.    (1) A personal lock shall only be removed by the worker who installed it, or where this is not possible, the matter shall be referred to the supervisor who shall be responsible for its removal.
(2)       A supervisor shall
(a)       make every reasonable effort to contact the worker who installed the lock;
(b)       ensure that the machinery or equipment can be operated safely before removing the lock; and
(c)        ensure that locks that are not in active use are removed from machinery or equipment.
(3)       A worker shall be notified at the start of his or her next shift where the worker’s personal lock has been removed since the worker’s previous shift.

Group lockout procedure
134.    (1) Where a large number of workers are working on machinery or equipment or a large number of energy isolating devices are to be locked out, a group lockout procedure that meets the requirements of this section may be used.
(2)       In a group lockout procedure, 2 qualified workers shall be responsible for
(a)       independently locking out the energy isolating devices;
(b)       securing the keys for the locks used under paragraph (a) with personal locks or other positive sealing devices acceptable to the minister; and
(c)        completing, signing and posting a checklist that identifies the machinery or equipment components covered by the lockout.
(3)       Before commencing work, a worker working on the locked out components shall apply a personal lock to the key securing system referred to in paragraph (2)(b).
(4)       Workers may lock out a secondary key securing system where 2 qualified workers lock out the primary key securing system and place their keys in the secondary system.
(5)       On completion of his or her work, a worker referred to in subsections (3) and (4) shall remove his or her personal lock from the key securing system.
(6)       Where the requirements of subsection (5) have been met and it has been determined that it is safe to end the group lockout, 2 qualified workers shall be responsible for removing their personal locks or the positive sealing device from the key securing system containing the locks referred to in paragraph (2)(a), and when those keys are released, the system is no longer considered to be locked out.
(7)       The written group lockout procedure shall be conspicuously posted at the place where the system is in use.

Alternative procedures
135.    (1) Where lockout of energy isolating devices as required by section 129 is not practicable,
(a)       in the case of a power system as defined in Part XXVI, the requirements of that Part shall be followed;
(b)       in the case of mobile equipment as defined in Part XII, the requirements of that Part shall be followed;
(c)        in the case of machinery equipment designed and equipped with effective control system isolating devices, the devices shall be locked out as required by sections 130 to 134 and subsection (2); and
(d)       in an emergency, the energy isolating devices or control system devices be effectively controlled to prevent inadvertent start-up or hazardous energy release.
(2)       Control system isolating devices and the procedures for their use shall be approved in writing by the minister and shall be used by a qualified worker authorized to carry out the work.

Where locks not required
136.    The application of a lock is not required under section 129 or 135 where
(a)       the energy isolating device is under the exclusive and immediate control of the worker at all times while working on the machinery or equipment; or
(b)       a tool, machine or piece of equipment that receives power through a readily disconnected supply, including an electrical cord or quick release air or hydraulic line, is disconnected from its power supply and its                                                 connection point is kept under the immediate control of the worker at all times while the work is being done.

Work on energized equipment
137.    Where it is not practicable to shut down machinery or equipment for maintenance, only the parts which are vital to the process may remain energized and the work shall be performed by a qualified worker who has been authorized by the employer to do the work and provided with and follows written safe work procedures.

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