Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Notices 12209 

and public payers. The Committee will 

also advise the Secretary on the 

guidance provided to States on the 

process by which States may collect 

such data in the standardized reporting 

format. 

The Committee must submit a report 

to the Secretary, the Committee on 

Health, Education, Labor, and Pensions 

of the Senate, and the Committee on 

Energy and Commerce and the 

Committee on Education and Labor of 

the House of Representatives that 

includes recommendations on the 

establishment of the format and 

guidance no later than 180 days from 

the date of enactment of the 

Consolidated Appropriations Act, 2021, 

with a due date of June 25, 2021. 

A copy of the charter for the 

Committee may be obtained by visiting 

the Department’s website at https://

www.dol.gov/agencies/ebsa/about-ebsa/ 

about-us/state-all-payer-claimsdatabases-advisory-committee. 

B. Composition of the State All Payer 

Claims Databases Advisory Committee 

The Committee shall consist of no 

more than 15 members appointed by the 

Secretary (in coordination with the 

Secretary of Health and Human Services 

(HHS)), and the Comptroller General of 

the United States to serve as Regular 

Government Employee or Special 

Government Employee members. The 

Committee shall be composed of the 

Assistant Secretary of the Employee 

Benefits Security Administration of 

DOL, or a designee of such Assistant 

Secretary; the Assistant Secretary for 

Planning and Evaluation of the 

Department of HHS, or a designee of 

such Assistant Secretary; and members 

appointed by the Secretary, in 

coordination with the Secretary of HHS, 

including: A member to serve as the 

Committee chair; a representative of the 

Centers for Medicare & Medicaid 

Services; a representative of the Agency 

for Healthcare Research and Quality; a 

representative of the Office for Civil 

Rights of the Department of HHS with 

expertise in data privacy and security; a 

representative of the National Center for 

Health Statistics; a representative of the 

Office of the National Coordinator for 

Health Information Technology; and a 

representative of a State All Payer 

Claims Databases. 

Members appointed by the 

Comptroller General of the United 

States shall include: A representative of 

an employer that sponsors a group 

health plan; a representative of an 

employee organization that sponsors a 

group health plan; an academic 

researcher with expertise in health 

economics or health services research; a 

consumer advocate; and two additional 

members. 

Members of the Committee must have 

distinguished themselves in fields of 

health services research, health 

economics, health informatics, data 

privacy and security, or the governance 

of State All Payer Claims Databases, or 

represent organizations likely to submit 

data to or use the database, including 

patients, employers, employee 

organizations that sponsor group health 

plans, health care providers, health 

insurance issuers, or third-party 

administrators of group health plans. 

III. Submissions of Nominations 

DOL is requesting nominations for a 

Committee chair and a representative of 

a State All Payer Claims Databases. DOL 

will consider qualified individuals who 

are self-nominated or are nominated by 

organizations representing affected 

stakeholders when selecting those 

representatives. DOL will make every 

effort to appoint members to serve on 

the Committee from among those 

candidates determined to have the 

technical expertise required to meet 

specific statutory categories and 

Departmental needs and in a manner 

intended to ensure an appropriate 

balance of membership. Selection of 

Committee membership will be 

consistent with achieving the greatest 

impact, scope, and credibility among 

diverse stakeholders. The diversity in 

such membership includes, but is not 

limited to, race, gender, disability, 

sexual orientation, and gender identity. 

DOL reserves discretion to appoint 

members to serve on the Committee 

who were not nominated in response to 

this notice if necessary to meet specific 

statutory categories and Departmental 

needs in a manner intended to ensure 

an appropriate balance of membership. 

DOL has a process for vetting 

nominees under consideration for 

appointment. DOL will contact 

nominees for information on their status 

as registered lobbyists. Anyone 

currently subject to federal registration 

requirements as a lobbyist is not eligible 

for appointment to this Committee. 

Additionally, nominees will be 

evaluated in accordance with 

Secretary’s Order 10–2020 (85 FR 

71104) to ensure they are financially 

independent from the Department 

programs and activities for which they 

may be called upon to provide advice. 

Follow-up communications with 

nominees may occur as necessary 

throughout the process. 

Any interested person may nominate 

one or more qualified individuals (selfnominations will also be accepted). 

Each nomination must include the 

following information: 

1. A letter of nomination that contains 

contact information for both the 

nominator and nominee (if not the 

same). 

2. A statement from the nominee that 

he or she is willing to serve on the 

Committee if appointed, will attend and 

participate in Committee meetings 

regularly, and has no conflicts of 

interest that would preclude Committee 

membership. 

3. The nominee should also indicate 

which category or categories of 

stakeholders designated by the statute 

he or she is willing to represent, along 

with an explanation of interest in 

serving on the Committee. For selfnominations, this information may be 

included in the nomination letter. 

4. A curriculum vitae that indicates 

the nominee’s educational experience, 

as well as relevant professional 

experience. 

5. Two letters of reference that 

support the nominee’s qualifications for 

participation on the Committee. For 

nominations other than selfnominations, a nomination letter that 

includes information supporting the 

nominee’s qualifications may be 

counted as one of the letters of 

reference. 

Please do not include information that 

you do not want publicly disclosed. 

To ensure that a nomination is 

considered, the Department must 

receive all of the nomination 

information specified in section III of 

this notice by March 16, 2021. 

Nominations should be sent to the 

address specified in the ADDRESSES

section of this notice. 

Dated: February 24, 2021. 

Ali Khawar, 

Principal Deputy Assistant Secretary, 

Employee Benefits Security Administration, 

U.S. Department of Labor. 

[FR Doc. 2021–04241 Filed 3–1–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2019–0004] 

Gestamp West Virginia: Grant of 

Permanent Variance 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice of Permanent Variance. 

SUMMARY: In this notice, OSHA grants a 

permanent variance to Gestamp West 

Virginia from the provisions of the 


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12210 Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Notices 

OSHA standard that regulate the control 

of hazardous energy (lockout/tagout). 

DATES: The permanent variance 

specified by this notice becomes 

effective on March 2, 2021 and shall 

remain in effect until OSHA revokes 

this permanent variance. 

FOR FURTHER INFORMATION CONTACT: 

Information regarding this notice is 

available from the following sources: 

Press inquiries: Contact Mr. Frank 

Meilinger, Director, OSHA Office of 

Communications, phone: (202) 693– 

1999; email: meilinger.francis2@dol.gov. 

General and Technical Information: 

Contact Kevin Robinson, Director, 

Office of Technical Programs and 

Coordination Activities, Directorate of 

Technical Support and Emergency 

Management, Occupational Safety and 

Health Administration, U.S. Department 

of Labor; phone: (202) 693–2110 or 

email: robinson.kevin@dol.gov. 

SUPPLEMENTARY INFORMATION: 

Copies of this Federal Register notice: 

Electronic copies of this Federal 

Register notice are available at https:// 

www.regulations.gov. This Federal 

Register notice and other relevant 

information are also available at OSHA’s 

web page at https://www.osha.gov. 

I. Notice of Application 

On July 30, 2018, OSHA received a 

variance application from Gestamp West 

Virginia LLC (‘‘Gestamp’’ or ‘‘the 

applicant’’) from the provision of the 

OSHA standard that regulates the 

control of hazardous energy (‘‘lockout/ 

tagout’’ or ‘‘LOTO’’) for their South 

Charleston, West Virginia facility. 

Specifically, Gestamp sought a variance 

from the provision of the standard that 

requires ‘‘all energy isolating devices 

needed to control the energy to the 

machine or equipment shall be 

physically located and operated in a 

manner as to isolate the machine or 

equipment from the energy source(s).’’ 

(29 CFR 1910.147(d)(3)). Gestamp also 

requested an interim order pending 

OSHA’s decision on the application for 

a variance (Document ID No. OSHA– 

2019–0004–0002). 

According to the application, 

Gestamp makes parts for the automotive 

industry. Gestamp uses a Trumpf laser 

cell to trim excess metal from 

automotive parts and burn holes into 

those parts. The laser operates using a 

stream of monochromatic coherent light 

to emit very high levels of energy to cut 

metal parts. The laser trimming process 

occurs within a fully enclosed machine 

structure (cell), which contains the laser 

that is mounted onto a multi-axis 

transport to allow the laser to cut at a 

variety of angles; a turntable to load the 

rough parts to be cut using the laser; a 

water chilling system used to cool the 

laser; and numerous engineering 

controls that prevent unauthorized 

access to the interior of the cell. When 

actuated, the turntable rotates to the 

inside of the machine and presents the 

parts to the laser. The laser system 

functions in a robotic manner, with axes 

of motion to cut the metal parts. The 

laser is managed by a Human Machine 

Interface (HMI), an interface by which 

the operator inputs commands to and 

receives information from the laser cell 

machine. 

The laser trimming process creates a 

byproduct of chaff, dust, dirt, chips, and 

slugs that must be cleaned from the 

machine enclosure cell frequently to 

enable the laser to function properly. 

The cleaning is performed by operators 

and/or maintenance personnel inside 

the cell and involves sweeping up the 

byproducts and debris left on the floor 

of the cell during the operation. These 

cleaning activities occur at the end of 

each shift and typically require about 15 

minutes to complete. 

Gestamp asserts that without frequent 

cleaning, the laser system would not 

function properly. Further, the 

applicant asserts that while the laser has 

the capability of being de-energized and 

isolated as required by OSHA and ANSI 

standards, frequent powering down and 

locking out of the laser greatly reduces 

the performance and overall life of the 

laser because it takes anywhere from 30 

minutes to several hours to power back 

up after being completely shut down, 

which reduces the efficiency of the 

laser. The applicant notes that powering 

down the laser to perform cleaning 

activities requires the addition of 

auxiliary lighting, which would involve 

the use of extension cords and portable 

lights, potentially introducing fall and 

shock hazards. Additionally, the 

applicant notes that the primary 

electrical disconnects are not designed 

or intended for frequent cycling and 

would increase the risk of arc flash 

hazards to employees. 

OSHA initiated a technical review of 

Gestamp’s variance application and 

developed a set of follow-up questions 

regarding the assertion that the 

alternative measures provide equivalent 

worker protection. On March 15, 2019, 

Gestamp provided supplemental 

materials to support the variance 

application including: A side by side 

analysis of the requirement of the 

standard and the proposed alternative 

(OSHA–2019–0004–0005), a safety work 

instruction outlining their proposed 

alternative (OSHA–2019–0004–0004), 

and a description of Gestamp’s Lockout/ 

Tagout Program (OSHA–2019–0004– 

0003). In reviewing the application, 

OSHA evaluated the alternative energy 

control procedures identified in the 

variance application and the 

supplemental materials provided by 

Gestamp. 

OSHA reviewed Gestamp’s 

application for the variance and interim 

order and determined that they were 

appropriately submitted in compliance 

with the applicable variance procedures 

in Section 6(d) of the Occupational 

Safety and Health Act of 1970 (OSH Act, 

29 U.S.C. 655(d)) and OSHA’s 

regulations at 29 CFR 1905.11 

(‘‘Variances and other relief under 

section 6(d)’’), including the 

requirement that the applicant inform 

workers and their representatives of 

their rights to petition the Assistant 

Secretary of Labor for Occupational 

Safety and Health for a hearing on the 

variance application. 

Following this review, OSHA 

determined that the applicant’s 

proposed alternative, subject to the 

conditions in the request and imposed 

by the Interim Order, provides a 

workplace that is as safe and healthful 

as those required by the OSHA 

standard. On August 5, 2020, OSHA 

published a Federal Register notice 

announcing Gestamp’s application for a 

permanent variance, stating the 

preliminary determination along with 

the basis of that determination, and 

granting the Interim Order (85 FR 

47422). OSHA requested comments on 

each. 

OSHA did not receive any comments 

or other information disputing the 

preliminary determination that the 

alternative was at least as safe as 

OSHA’s standard, nor any objections to 

OSHA granting a permanent variance. 

One comment was received (OSHA– 

2019–0004–0006) supporting Gestamp’s 

application. This comment did not 

require a response from the agency. 

Accordingly, through this notice OSHA 

grants a permanent variance subject to 

the conditions set out in this document. 

II. The Variance Application 

A. Background 

Gestamp’s variance application and 

the responses to OSHA’s follow-up 

questions included the following: 

Detailed descriptions of the laser cutting 

process; the equipment used in the laser 

cutting process; the proposed alternative 

to completely isolating the laser during 

cleaning activities; and technical 

evidence supporting Gestamp’s 

assertions that its alternative methods 

provide equivalent worker protection. 

According to the information 

included in the application, Gestamp’s 


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1ANSI B11.21 and ANSI Z136.1 

laser is considered a Class 4 operation. 

Class 4 operations are defined by ANSI 

as ‘‘very dangerous to the eyes and skin, 

with a risk of fire and explosion.1 No 

workers are allowed inside the laser cell 

while the laser is being used. Instead, 

the operator’s station is located outside 

of the laser cell and the operator uses 

hand controls to activate the laser 

turntable. The laser cutting system is a 

fully enclosed structure, with the laser 

operating similar to a robot. The laser is 

affixed to the end of arm tooling within 

this fixed structure. Stamped parts are 

loaded into the cell and unloaded from 

the cell structure via a turntable from 

outside of the laser cell. When actuated, 

the turntable rotates to the inside of the 

machine and presents the parts to the 

laser. The turntable cannot rotate until 

the operator clears the light curtain, 

which is used as a safeguard blocking 

access between the turntable and the 

operator’s station. 

As noted above, the laser trimming 

process creates a byproduct of chaff, 

dust, direct, chips, slugs, and debris, 

and the laser system must be cleaned to 

enable the laser to function properly. 

The laser cell has access doors to enable 

cleaning and certain other necessary 

tasks to be performed inside the cell. 

The access doors utilize interlocked 

switches that disable hazardous motion 

of the turntable and laser energy when 

opened. 

The machine enclosure of the Trumpf 

laser cell is protected by two entry/exit 

points: A far access door and a near 

access door. Each access door has an 

interlock switch that is integrated into 

the laser and machinery motions. When 

the door to the laser cell is opened, the 

release of laser energy is inhibited and 

the machine axes cannot move. Further, 

Gestamp added red mechanical latches 

(hasps) to the external side of each entry 

door that allow a lock or a group lockout 

hasp or lock to be affixed, thus locking 

the hatch in its location. 

In addition, Gestamp has 

implemented procedures to prevent the 

door from closing during laser cell 

cleaning activities, which could actuate 

the system. Gestamp requires all 

personnel entering the laser cell to 

individually lockout by placing their 

individual lock on the slide bar. Each 

employee entering the laser cell must 

remove his own personal key from his 

individual lock or hasp, take the key 

into the cell, and keep the key in his 

possession the entire time he is in the 

laser cell. If more than one employee 

enters the cell, one of the employees 

shall be designated the Leader of the 

cleaning crew. The Leader can only 

remove his lock after he has verified 

that everyone else in the cleaning crew 

has left the laser cell. 

Gestamp contends that the alternative 

energy control procedures included in 

the application provide the workers 

with a place of employment that is at 

least as safe and healthful as they would 

obtain under the existing provisions of 

OSHA’s control of hazardous energy 

(lockout/tagout) standard. Gestamp 

certifies that it provided employee 

representatives of affected workers with 

a copy of the variance application. 

Gestamp also certifies that it notified the 

workers of the variance application by 

posting, at prominent locations where it 

normally posts workplace notices, a 

summary of the application and 

information specifying where the 

workers can examine a copy of the 

application. In addition, the applicant 

informed the workers and their 

representatives of their rights to petition 

the Assistant Secretary of Labor for 

Occupational Safety and Health for a 

hearing on the variance application. 

B. Variance From 29 CFR 1910.147(d)(3) 

As an alternative means of complying 

with the requirements of 1910.147(d)(3), 

Gestamp proposed to use a 

comprehensive engineered system and 

appropriate administrative procedures. 

The applicant referenced ANSI/ASSE 

Z244.1–2016, clause 8, which states that 

‘‘Lockout or tagout shall be used unless 

the user can demonstrate an alternative 

method will provide effective protection 

by persons. When lockout or tagout is 

not used, then alternative methods shall 

be used only after the hazards have been 

assessed and risks documented’’ as the 

basis for their alternative lockout 

method. Gestamp asserted in the 

variance application that the cleaning 

task within the Trumpf laser cell is one 

that requires access to the machine in a 

manner that renders full lockout 

infeasible. Because the Trumpf laser cell 

is a Class 4 operation, no one is allowed 

inside the machine enclosure during 

laser operations. Gestamp also asserted 

in the variance application that because 

the cleaning task occurs on a frequent 

basis, regular powering down and 

locking out of the laser to perform the 

routine cleaning operations could 

damage the laser over time. Further, full 

lockout of the laser cell requires the use 

of auxiliary lighting sources, which 

could introduce fall and shock hazards 

into the cleaning operation. 

Additionally, the design of the Trumpf 

laser cell includes advanced control 

systems that prevent engagement of the 

laser while the laser cell is occupied. As 

an alternative energy control procedure, 

Gestamp has developed an engineered 

system that uses red mechanical latches 

attached to the external side of each 

door of the laser cell. The latches are 

secured to the frame of the machine 

with two metal screws and have a 

locking capacity that allows a lock or a 

group lockout hasp to be affixed; this 

latch prevents the door from closing and 

the laser from being able to be energized 

during laser cell cleaning operations. 

Gestamp maintained that use of the 

proposed latch system provides a level 

of safety equivalent to what can be 

achieved by strict compliance with the 

standard at 1910.147(d)(3). According to 

Gestamp’s variance application, 

equivalent safety is achieved by 

prohibiting the release of laser energy 

during cleaning operations utilizing a 

modified door latch that prevents 

unintentional re-energization of the 

laser. In the variance application, 

Gestamp provided the following stepby-step details of the safety procedures 

to be followed prior to and following 

cleaning activities: 

Process To Enter Trumpf Laser Cell To 

Perform Cleaning Activities 

1. Communicate to the Operator and 

coworkers in the area that cleaning will 

take place. At the Human Machine 

Interface (HMI) screen, change the 

Series Production from ‘‘Continuous 

Job’’ to ‘‘Single Job.’’ Once the turntable 

has come to a complete stop, open one 

of the doors on the side of the laser cell 

by using the handle. 

2. After the door is open, 

communicate the lockout to coworkers 

and move the red slide bar to prevent 

the door from being shut while inside. 

All personnel entering the laser cell 

must individually lockout, by placing 

their individual lock on the slide bar or 

hasp. If more than one person is to enter 

on either side, a lockout hasp must be 

used. 

3. After locking out on the laser cell, 

verify that ‘‘Feed Hold Through Safety 

Device Error’’ is displayed on the HMI 

screen. 

4. To verify that the turntable will not 

move while working inside of the laser 

cell, hit the green activation button. 

Employees can enter the laser cell only 

after these four (4) steps are completed. 

5. When work is completed inside the 

laser cell, all employees who entered 

the cell, except the Leader when more 

than one employee entered, shall exit 

and remove their individual locks. Once 

all other employees are outside of the 

laser cell, the Leader must verify his 

location and hit the Danger Zone 

Acknowledge Button on the inside of 

the cell door. The Leader must 

immediately exit the cell, remove his 


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2ANSI B11.0 defines control reliability as the 

capability of the [machine] control system, the 

engineering control devices, other control 

components and related interfacing to achieve a 

safe state in the event of a failure within the safetyrelated parts of the control system. 

ANSI Z244.1 defines control reliability as the 

capability of the machine, equipment or process 

control system, the safeguarding, other control 

components and related interfacing to achieve a 

safe state in the event of a failure within their 

safety-related functions. 

lock, move the slide bar back to allow 

the door to shut, and shut the door. 

6. Once cleaning of the laser cell is 

complete and all employees are clear of 

the restricted area, place the laser HMI 

back into production by placing the 

Series Production from ‘‘Single Job’’ to 

‘‘Continuous Job’’ by clicking the 

‘‘Continuous Job’’ button. 

7. After the HMI has been released to 

production, press the green button 

which resets the light curtains and 

causes the robot to place the next part 

on the turntable. 

Process To Restart Trumpf Laser Cell 

After Door Is Opened 

1. Remove all padlocks from 

mechanical latch from the far access 

door. 

2. Open the mechanical latch. 

3. Visually inspect area for the 

presence of persons or tools. 

4. Close the far machine enclosure 

door. 

5. Walk to near access door. 

6. Remove all padlocks from 

mechanical latch from the near access 

door. 

7. Open the mechanical latch. 

8. Visually inspect area for the 

presence of persons or tools. 

9. Press the reset switch on inside of 

the machine enclosure. 

10. Close the door within 3–4 seconds 

of pressing the reset switch. 

11. Turn the key switch on the HMI 

to enable operations. 

12. Engage HMI to activate laser. 

13. Enable continuous mode 

operation (push button) within HMI. 

The proposed door latch system 

cannot be easily defeated or tampered 

with. Gestamp asserts that this 

alternative meets the requirements for 

control reliability as stated in ANSI 

B11.0 and ANSI Z244.1, in that no 

single fault of a component, wire, device 

or other element will result in the loss 

of the safety function.2 According to the 

variance application, in the event of a 

fault, the laser will achieve a safe state 

by inhibiting lasing, machine motions, 

and the release of hazardous energy. In 

addition, the system includes system 

fault monitoring, tamper resistance, and 

exclusive employee control over lockout 

devices. The Trumpf laser machine 

enclosure has a door interlock switch 

that is integrated to the laser and 

machinery motions. When the door to 

the laser cell is open, the release of laser 

energy is inhibited and the machine 

axes cannot move; therefore the laser 

will not operate. 

To enhance the lockout functions of 

the Trumpf laser cell, Gestamp added 

red mechanical latches to the external 

side of each entry door to the laser cell. 

The lockable interface switches used 

with the mechanical latches are 

designed to be used as lockable devices. 

The circuitry of the lockable interlock 

switches inhibit both machinery 

motions and laser energy release with 

the Trumpf enclosure door switches and 

will not operate when disengaged. 

C. Technical Review 

OSHA conducted a review of 

Gestamp’s application and the 

supporting technical documentation. 

After completing the review of the 

application and supporting 

documentation, OSHA concludes that 

Gestamp: 

1. Modified the access door with red 

mechanical latches with a slide bar to 

prevent the door from being closed 

while cleaning activities are performed 

within the laser cell; 

2. Installed a personal lock control 

system and implemented administrative 

energy control procedures that prevent 

employee exposure to hazards 

associated with energy while 

performing cleaning activities within 

the laser cell; 

3. Performed a job hazard analysis for 

tasks associated with cleaning the laser 

cell and conducted and documented an 

electrical isolation analysis, system and 

functional safety reviews, and control 

reliability analysis to verify that the use 

of the latch system and administrative 

energy control procedures prevent the 

closure of the doors to the laser cell, 

prevent mistaken or intentional reenergization, and maintain immobility 

in the event of fault conditions; 

4. Developed detailed administrative 

energy control procedures for entering 

the laser cell to perform cleaning 

functions and distinguished these work 

procedures from other tasks that require 

full lockout; 

5. Implemented detailed 

administrative energy control 

procedures designed to ensure that each 

authorized employee applies a personal 

lock to the secondary group lock box; 

6. Made the administrative energy 

control policies and procedures 

available to employees; 

7. Trained authorized and affected 

employees on the application of the 

proposed alternative work practice and 

associated administrative energy control 

policies and procedures; and 

8. Developed a LOTO procedure 

which includes administrative controls 

to minimize the potential for authorized 

and affected employees to enter the 

laser cell when harm could occur. 

After the technical review identified 

above, OSHA concludes that Gestamp 

has established an alternative work 

practice that provides workers 

protection equivalent to that required by 

the standard. Specifically, the LOTO 

process for the Trumpf laser cell 

identified in the variance application 

regulates the control of hazardous 

energy from the laser during the 

maintenance task of cleaning. 

III. Description of the Conditions 

Specified for the Permanent Variance 

As previously indicated in this notice, 

OSHA conducted a review of Gestamp’s 

application and supporting 

documentation. OSHA determined that 

Gestamp developed and proposed to 

implement effective alternative means 

of protection that provides protection to 

their employees ‘‘as safe and healthful’’ 

as protections required within 

paragraph 1910.147(d)(4)(iii) of OSHA’s 

LOTO standard during the maintenance 

task of cleaning the Trumpf laser cell. 

Therefore, on August 5, 2020, OSHA 

published a Federal Register notice 

announcing Gestamp’s application for a 

permanent variance and interim order, 

grant of an interim order, and request 

for comments (85 FR 47422). The 

agency requested comments by 

September 4, 2020. There was one 

comment received in response to this 

notice in support of the application 

(OSHA–2019–0004–0006), however this 

comment did not require a response 

from OSHA. 

During the period starting with the 

August 5, 2020, publication of the 

preliminary Federal Register notice 

announcing grant of the Interim Order 

until the agency modifies or revokes the 

Interim Order or makes a decision on 

the application for a permanent 

variance, the applicant was required to 

comply fully with the conditions of the 

Interim Order as an alternative to 

complying with the requirements of 

paragraph 1910.147(d)(4)(iii). With the 

publication of this notice, OSHA is 

revoking the Interim Order granted to 

the employer on August 5, 2020. 

This section describes the conditions 

that comprise the alternative means of 

compliance with 29 CFR 

1910.147(d)(4)(iii). Also, these 

conditions provide additional detail 

regarding the conditions that form the 

basis of the permanent variance OSHA 

is granting to Gestamp. 


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3A class or group of employers (such as members 

of a trade alliance or association) may apply jointly 

for a variance provided an authorized 

representative for each employer signs the 

application and the application identifies each 

employer’s affected facilities. 

4See 29 CFR part 1910.147(f)(3) Group Lockout/ 

Tagout. 

Condition A: Scope 

The scope of the permanent variance 

limits coverage to the work conditions 

specified under this condition. Clearly 

defining the scope of the permanent 

variance provides Gestamp, their 

employees, potential future applicants, 

other stakeholders, the public, and 

OSHA with necessary information 

regarding the work situations in which 

the permanent variance applies. To the 

extent that Gestamp conducts work 

outside the scope of this variance, it will 

be required to comply with OSHA’s 

standards. 

Pursuant to 29 CFR 1905.11, an 

employer (or class or group of 

employers) 3 may request a permanent 

variance for a specific workplace or 

workplaces. When OSHA approves a 

permanent variance, it applies only to 

the specific employer(s) that submitted 

the application and only to the specific 

workplace or workplaces designated as 

part of the project. In this instance, 

OSHA’s grant of a permanent variance 

applies only to the applicant, Gestamp, 

and only at the South Charleston, WV 

plant and to no other employers or any 

other Gestamp plant locations. 

Condition B: List of Abbreviations 

The following abbreviations apply to 

this permanent variance: 

1. CFR—Code of Federal Regulations 

2. JHA—Job hazard analysis 

3. HMI—Human Machine Interface 

4. OSHA—Occupational Safety and 

Health Administration 

5. OTPCA—Office of Technical 

Programs and Coordination Activities 

Condition C: List of Definitions 

The permanent variance includes 

definitions for a series of terms. 

Defining these terms serves to enhance 

the applicant’s and the employees’ 

understanding of the conditions 

specified by the proposed permanent 

variance. 

1. Affected employee or worker—an 

employee or worker who is affected by 

the conditions of this proposed 

permanent variance, or any one of his 

authorized representatives. The term 

‘‘employee’’ has the meaning defined 

and used under the OSH Act (29 U.S.C. 

651 et seq.). 

2. Competent person—an individual 

who is capable of identifying existing 

and predictable hazards in the 

surroundings or working conditions 

associated with the Trumpf laser cell 

that are unsanitary, hazardous, or 

dangerous to employees, and who has 

authorization to take prompt corrective 

measures to eliminate them. 

3. Energy isolating device—a 

mechanical device that physically 

prevents the transmission or release of 

energy, including but not limited to the 

following: A manually operated 

electrical circuit breaker; a disconnect 

switch; a manually operated switch by 

which the conductors of a circuit can be 

disconnected from all ungrounded 

supply conductors, and, in addition, no 

pole can be operated independently; a 

line valve; a block; and any similar 

device used to block or isolate energy. 

Push buttons, selector switches, and 

other control circuit type devices are not 

energy isolating devices. 

4. Group Lockout/Tagout 

Mechanism—any device or mechanism 

that when used as part of a group LOTO 

system, permits each individual 

employee to use his personal lockout or 

tagout devices (Group lockout hasps or 

lockboxes that procedurally control 

equipment reenergization) to physically 

secure energy isolating devices.4

5. Job hazard analysis—an evaluation 

of tasks or operations to identify 

potential hazards and to determine the 

necessary controls. 

6. Leader—a single authorized 

employee who assumes the overall 

responsibility for the control of 

hazardous energy for all members of the 

group if more than one employee enters 

the Trumpf laser cell to perform 

cleaning activities. 

7. Lockout—the placement of a 

lockout device on an energy isolating 

device, in accordance with an 

established procedure, ensuring that the 

energy isolating device and the 

equipment being controlled cannot be 

operated until the lockout device is 

removed. 

8. Lockout device—a device that 

utilizes a positive means such as a lock, 

either key or combination type, to hold 

an energy isolating device in the safe 

position and prevent the energizing of a 

machine or equipment. 

9. Personal lock and key—a durable, 

standardized substantial and uniquely 

identified device (a lock) that is 

maintained and controlled by a single 

authorized employee whose name is 

attached to the device. The key is 

unique to the device and is equally 

maintained and controlled by the 

authorized employee whose name is 

attached to the device. 

10. Operator—a production operator 

responsible for performing laser 

assembly operations pursuant to 

Gestamp company policies and 

procedures. 

11. Qualified person—an individual 

who, by possession of a recognized 

degree, certificate, or professional 

standing, or who, by extensive 

knowledge, training, and experience, 

successfully demonstrates an ability to 

solve or resolve problems relating to the 

subject matter or the work. 

12. Servicing and/or maintenance— 

workplace activities such as 

constructing, installing, setting up, 

adjusting, inspecting, modifying, and 

maintaining and/or servicing machines 

or equipment. These activities include 

lubrication, cleaning or unjamming of 

machines or equipment and making 

adjustments or tool changes, where the 

employee may be exposed to the 

unexpected energization or startup of 

the equipment or release of hazardous 

energy. 

13. Tagout—the placement of a tagout 

device on an energy isolating device, in 

accordance with an established 

procedure, to indicate that the energy 

isolating device and the equipment 

being controlled may not be operated 

until the tagout device is removed. 

Condition D: Safety and Health 

Practices 

This condition requires the applicant 

to: (1) Modify certain controls at the 

entry door to the laser cell by ensuring 

that exclusive control is provided to 

each employee involved in cleaning 

activities within the machine, under the 

direction of the Leader who oversees 

energy control operations during the 

cleaning activity; (2) utilize a latch with 

a slide bar, designed to prevent the door 

from closing; (3) ensure that opening the 

door of the laser cell shuts down the 

machinery in the cell; and (4) adhere to 

the Group LOTO procedure in the Laser 

Cleaning Work Instruction provided to 

OSHA with the variance application. 

Condition E: Steps Required To Deenergize the System 

This condition requires the applicant 

to develop and implement a detailed 

procedure for de-energizing the laser 

cell in order to perform the maintenance 

task of cleaning within the laser cell. 

The procedure for de-energizing the 

laser cell includes a series of steps to 

remove the ability of the Trumpf laser 

cell to become energized before or 

during the maintenance task of cleaning. 


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Condition F: Steps Required To Reenergize the Laser Cell 

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 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. 

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 

preventing worker injury, illness, and 

fatalities. 

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 J: Recordkeeping 

Under OSHA’s 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 OSHA’s Office of Technical 

Programs and Coordination Activities 

(OTPCA) and the Charleston, West 

Virginia OSHA Area Office within 15 

working days should the applicant need 

to revise the procedures to 

accommodate for any changes in the 

maintenance task of cleaning the 

Trumpf laser cell that affect Gestamp’s 

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 

agency’s administration and 

enforcement of the permanent variance. 

Stipulating that an applicant is required 

to have OSHA’s 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 1910.147(d)(4)(iii) of 

OSHA’s LOTO standard during the 

maintenance task of cleaning the 

Trumpf laser cell. Further, under 

section 6(d) of the OSH Act (29 U.S.C. 

655(d)), 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 employer’s workers 

are at least as safe and healthful as if the 

employer complied with the working 

conditions specified by paragraph 

1910.147(d)(4)(iii) of OSHA’s LOTO 

standard. Therefore, under the terms of 

this variance Gestamp must: (1) Comply 


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with the conditions listed below under 

section V of this notice (‘‘Order’’) for the 

period between the date of this notice 

and until the agency modifies or revokes 

this final order in accordance with 29 

CFR 1905.13; (2) comply fully with all 

other applicable provisions of 29 CFR 

part 1910; and (3) provide a copy of this 

Federal Register notice to all employees 

affected by the conditions using the 

same means it used to inform these 

employees of its application for a 

permanent variance. 

V. Order 

As of the effective date of this final 

order, OSHA is revoking the Interim 

Order granted to the employer on 

August 5, 2020 (85 FR 47422). 

OSHA issues this final order 

authorizing Gestamp West Virginia LLC 

(‘‘Gestamp’’ or ‘‘the applicant’’) to 

comply with the following conditions 

instead of complying with the 

requirements of paragraphs 29 CFR 

1910.147(d)(4)(iii) of OSHA’s LOTO 

standard during the maintenance task of 

cleaning the Trumpf laser cell. This 

final order applies to all Gestamp 

employees located at 3100 MacCorkle 

Avenue SW, Building 307, South 

Charleston, West Virginia 25303. 

A. Scope 

1. This permanent variance applies 

only to the maintenance task of cleaning 

the Trumpf laser cell at Gestamp’s 

South Charleston, WV, establishment. 

This work is to be performed by 

authorized employees under the 

alternative energy control procedures 

submitted to OSHA as part of this 

application for a permanent variance. 

2. No other servicing and/or 

maintenance work, including electrical 

maintenance (such as troubleshooting or 

maintenance covered under 29 CFR 

1910.333), may be performed using the 

conditions of this interim order. These 

activities are to be performed under full 

lockout as required by 29 CFR 1910.147. 

3. Except for the requirements 

specified by 29 CFR 1910.147(d)(3), 

Gestamp must comply fully with all 

other applicable provisions of 29 CFR 

1910.147 during cleaning activities of 

the laser cell. 

4. The Interim Order granted to 

Gestamp on August 5, 2020 (85 FR 

47422), is hereby revoked. 

B. List of Abbreviations 

The following abbreviations apply to 

this permanent variance: 

1. CFR—Code of Federal Regulations 

2. JHA—Job hazard analysis 

3. HMI—Human Machine Interface 

4. OSHA—Occupational Safety and 

Health Administration 

5. OTPCA—Office of Technical 

Programs and Coordination Activities 

C. Definitions 

The following definitions apply to 

this permanent variance: 

1. Affected employee or worker—an 

employee or worker who is affected by 

the conditions of this permanent 

variance, or any one of his authorized 

representatives. The term ‘‘employee’’ 

has the meaning defined and used 

under the OSH Act (29 U.S.C. 651 et 

seq.). 

2. Competent person—an individual 

who is capable of identifying existing 

and predictable hazards in the 

surroundings or working conditions 

associated with the Trumpf laser cell 

that are unsanitary, hazardous, or 

dangerous to employees, and who has 

authorization to take prompt corrective 

measures to eliminate them. 

3. Energy isolating device—a 

mechanical device that physically 

prevents the transmission or release of 

energy, including but not limited to the 

following: A manually operated 

electrical circuit breaker; a disconnect 

switch; a manually operated switch by 

which the conductors of a circuit can be 

disconnected from all ungrounded 

supply conductors, and, in addition, no 

pole can be operated independently; a 

line valve; a block; and any similar 

device used to block or isolate energy. 

Push buttons, selector switches, and 

other control circuit type devices are not 

energy isolating devices. 

4. Group Lockout/Tagout 

Mechanism—any device or mechanism 

that when used as part of a group LOTO 

system, permits each individual 

employee to use his personal lockout or 

tagout devices (group lockout hasps or 

lockboxes that procedurally control 

equipment re-energization) to physically 

secure energy isolating devices. 

5. Job hazard analysis—an evaluation 

of tasks or operations to identify 

potential hazards and to determine the 

necessary controls. 

6. Leader—a single authorized 

employee that assumes the overall 

responsibility for the control of 

hazardous energy if more than one 

employee enters the Trumpf laser cell to 

perform cleaning activities. 

7. Lockout—the placement of a 

lockout device on an energy isolating 

device, in accordance with an 

established procedure, ensuring that the 

energy isolating device and the 

equipment being controlled cannot be 

operated until the lockout device is 

removed. 

8. Lockout device—a device that 

utilizes a positive means such as a lock, 

either key or combination type, to hold 

an energy isolating device in the safe 

position and prevent the energizing of a 

machine or equipment. 

9. Personal lock and key—a durable, 

standardized substantial and uniquely 

identified device (a lock) that is 

maintained and controlled by a single 

authorized employee whose name is 

attached to the device. The key is 

unique to the device and is equally 

maintained and controlled by the 

authorized employee whose name is 

attached to the device. 

10. Operator—a production operator 

responsible for performing laser 

assembly operations pursuant to 

Gestamp company policies and 

procedures. 

11. Qualified person—an individual 

who, by possession of a recognized 

degree, certificate, or professional 

standing, or who, by extensive 

knowledge, training, and experience, 

successfully demonstrates an ability to 

solve or resolve problems relating to the 

subject matter or, the work. 

12. Servicing and/or maintenance— 

workplace activities such as 

constructing, installing, setting up, 

adjusting, inspecting, modifying, and 

maintaining and/or servicing machines 

or equipment. These activities include 

lubrication, cleaning or unjamming of 

machines or equipment and making 

adjustments or tool changes, where the 

employee may be exposed to the 

unexpected energization or startup of 

the equipment or release of hazardous 

energy. 

13. Tagout—the placement of a tagout 

device on an energy isolating device, in 

accordance with an established 

procedure, to indicate that the energy 

isolating device and the equipment 

being controlled may not be operated 

until the tagout device is removed. 

D. Safety and Health Practices 

1. Gestamp must modify certain 

controls at the entry door to the laser 

cell by ensuring that exclusive control is 

provided to each employee involved in 

cleaning activities within the laser cell, 

under the direction of the Leader who 

oversees energy control operating 

during the cleaning activity; 

2. Gestamp must utilize a latch with 

a slide bar, designed to prevent the door 

from closing; 

3. Gestamp must ensure that opening 

the door to the laser cell shuts down the 

machinery in the cell; 

4. Gestamp must adhere to the Group 

LOTO procedure in the Laser Cleaning 

Work Instruction provided to OSHA 

with the variance application; 

5. Gestamp must implement the safety 

and health instructions included in the 

manufacturer’s operations manuals for 


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the Trumpf laser cell and the safety and 

health instructions provided by the 

manufacturer for the operation of laser 

cutting equipment; and 

6. Gestamp must implement a 

procedure to ensure that no other 

servicing and/or maintenance activities 

aside from cleaning will be performed 

on the laser cutter, unless full lockout 

is used. 

E. Steps Required To De-Energize the 

System 

Gestamp must implement a detailed 

procedure for de-energizing the laser 

cutting machine that will consist of the 

following steps to ensure that the laser 

cell door is prevented from closing and 

the machine starting during cleaning 

activities within the laser cell: 

1. The authorized employee entering 

the laser cell will communicate to the 

Operator and co-workers in that area 

that cleaning will take place; 

2. At the HMI screen, the Operator 

shall change the Series Production from 

‘‘Continuous Job’’ to ‘‘Single Job’’; 

3. Once the turntable has come to a 

complete stop, the Operator shall open 

one of the doors on the side of the laser 

cell by using the handle; 

4. After the door is open, the Operator 

shall communicate the lockout to his coworkers and move the red slide bar to 

prevent the door to the laser cell from 

being shut while personnel are inside; 

5. All personnel entering the laser cell 

must individually lockout, by placing a 

lock on the slide bar or hasp. If more 

than one person is to enter on either 

side, a lockout hasp must be used; 

6. Each employee entering the cell 

must remove his own personal key from 

the lock or hasp, take the key into the 

cell, and keep the key in his possession 

the entire time he is in the cell; 

7. If more than one employee enters 

the laser cell, one of the employees shall 

be designated the Leader of the cleaning 

operation; 

8. After locking out the laser cell, the 

Operator shall verify that the ‘‘Feed 

Hold Through Safety Device Error’’ is 

displayed on the HMI screen; and 

9. To verify that the turntable will not 

move while working inside of the laser 

cell, the Operator shall hit the green 

activation button. Entry is not to be 

made into the cell until the previous 8 

steps have been completed. 

F. Steps Required To Re-Energize the 

Laser Cell 

Gestamp must implement a detailed 

procedure for re-energizing and 

intentionally starting motion in the laser 

cutter in order to resume normal 

operations at the conclusion of the 

cleaning operation. The procedure for 

re-energizing the laser cell will consist 

of the following steps: 

1. When work is completed inside the 

laser cell, all employees who entered 

the cell, except the Leader (when more 

than one employee entered), shall exit 

and remove their locks; 

2. The Leader/Solo Employee shall 

open the mechanical latch; 

3. The Leader/Solo Employee shall 

visually inspect the area for the 

presence of persons or tools within the 

laser cell; 

4. Once all other employees are 

outside of the laser cell, the Leader/Solo 

Employee must verify his location and 

hit the Danger Zone Acknowledge 

Button on the inside of the cell door; 

5. The Leader/Solo Employee must 

exit immediately, remove his lock, move 

the slide bar back to allow the door to 

shut, and shut the door. The door must 

shut within 3–4 seconds of hitting the 

Danger Zone Acknowledge Button. The 

3–4 second limitation ensures that no 

one can enter or re-enter into the 

machine enclosure between the visual 

inspection and restart. 

6. Once the cleaning operation is 

complete and employees are clear of the 

restricted area, the Leader/Solo 

Employee shall place the laser HMI back 

into production by placing the Series 

Production from ‘‘Single Job’’ to 

‘‘Continuous Job’’ by pressing the 

‘‘Continuous Job’’ button; 

7. After the HMI has been released to 

production, the Leader/Solo Employee 

shall press the green button which 

resets the light curtains and causes the 

robot to place the next part on the 

turntable; and 

8. Both entry doors to the laser cell 

must be closed before operations can 

resume. An engineering control within 

the Trumpf laser cell prevents 

engagement of the laser until both doors 

are closed. 

G. Communication 

Gestamp must: 

1. Implement a system that informs 

workers using energy isolation devices 

of any hazardous occurrences or 

conditions that might affect their safety; 

and 

2. Provide a means of communication 

among affected workers where 

unassisted voice communication is 

inadequate. 

H. Worker Qualifications and Training 

Gestamp must develop and 

implement a detailed worker 

qualification and training program. All 

training must be provided in a language 

that the employees can understand. 

Gestamp must: 

1. Develop an energy control training 

program and train each authorized 

employee on the latch system and the 

procedures required under it; 

2. Develop and document a training 

program and train each affected 

employee in the purpose and use of the 

alternative energy control procedures 

using the latch system; 

3. Develop a training program and 

train other employees whose work 

operations are or may be in an area 

where energy control procedures may be 

utilized. These employees will receive 

training about the procedure and about 

the prohibition relating to attempts to 

restart or reenergize machines or 

equipment that are locked out; 

4. Ensure that each authorized 

employee, affected employee, and other 

employees have effective and 

documented training in the contents 

and conditions covered by this 

permanent variance and interim order; 

and 

5. Ensure that only trained and 

authorized employees perform energy 

control procedures for the task of 

performing cleaning of the laser cell at 

Gestamp’s facility. 

I. Inspections, Tests, and Accident 

Prevention 

Gestamp must develop and 

implement a detailed program for 

completing inspections, tests, program 

evaluations, and incident prevention. 

Gestamp must: 

1. Ensure that a competent person 

(authorized employee) conducts daily 

visual checks and monthly inspections 

and functionality tests of the laser cell 

components and configuration or 

operation and energy control procedures 

that ensure that the procedure and 

conditions of this permanent variance 

and interim order are being followed; 

2. Ensure that a competent person 

conducts weekly inspections of the 

work areas associated with the cleaning 

of the laser cell; 

3. Develop a set of checklists to be 

used by a competent person in 

conducting weekly inspections of the 

energy control procedures used while 

performing cleaning activities at the 

laser cell; 

4. Remove from service any 

equipment that constitutes a safety 

hazard until Gestamp corrects the 

hazardous condition and has the 

correction approved by a qualified 

person; and 

5. Maintain records of all tests and 

inspections of the laser cell, as well as 

associated corrective actions and 

repairs, at the job site for the duration 

of the variance. The maintenance, 

servicing, and installation of 

replacement parts must strictly follow 

the manufacturer’s specifications, 


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instructions, and limitations, when that 

information is available. 

J. Recordkeeping 

In addition to completing OSHA’s 

Form 301 Injury and Illness Incident 

Report and OSHA’s Form 300 Log of 

Work-Related Injuries and Illnesses in 

the case of injuries that result from 

cleaning the laser cell, Gestamp must 

maintain records of all tests and 

inspections of the energy control 

procedures, as well as associated 

hazardous condition corrective actions 

and repairs. 

K. Notifications 

To assist OSHA in administering the 

conditions specified herein, Gestamp 

must: 

1. Notify all affected employees of this 

permanent variance by the same means 

required to inform them of the 

application for a variance. 

2. Notify the OTPCA and the 

Charleston, West Virginia, Area Office 

of any recordable injury, illness, or 

fatality (by submitting the completed 

OSHA Form 301 Injuries and Illness 

Incident Report) resulting from 

implementing the alternative energy 

control procedures of the permanent 

variance conditions while performing 

the task of cleaning of the laser cell, in 

accordance with 29 CFR 1904. Gestamp 

shall provide the notification within 8 

hours of the incident or 8 hours after 

becoming aware of a recordable injury, 

illness, or fatality; and a copy of the 

incident investigation (OSHA Form 301 

Injuries and Illness Incident Report) 

must be submitted to OSHA within 24 

hours of the incident or 24 hours after 

becoming aware of a recordable injury, 

illness, or fatality. In addition to the 

information required by OSHA Form 

301 Injuries and Illness Incident Report, 

the incident investigation report must 

include a root-cause determination and 

the preventive and corrective actions 

identified and implemented. 

3. Provide certification to the 

Charleston, West Virginia, Area Office 

within 15 working days of any incident 

that Gestamp informed affected workers 

of the incident and the results of the 

incident investigation (including the 

root-cause determination and preventive 

and corrective actions identified and 

implemented). 

4. Obtain OSHA’s approval prior to 

implementing any changes to the energy 

control operations that affects Gestamp’s 

ability to comply with the conditions of 

this permanent variance. 

5. Provide OTPCA and the Charleston, 

West Virginia, Area Office, by January 

31 at the beginning of each calendar 

year, with a report evaluating the 

effectiveness of the alternative energy 

control procedures in the previous 

calendar year. 

6. Notify OTPCA and the Charleston, 

West Virginia, Area Office as soon as 

possible, but no later than seven (7) 

days after it has knowledge, that it will: 

(i) Cease doing business; 

(ii) Have a new address or location for 

the main office, or 

(iii) Transfer the operations specified 

herein to a successor company; 

however, this permanent variance 

cannot be transferred to a successor 

company without OSHA approval. 

VI. Authority and Signature 

Amanda L. Edens, Deputy Assistant 

Secretary of Labor for Occupational 

Safety and Health, 200 Constitution 

Avenue NW, Washington, DC 20210, 

authorized the preparation of this 

notice. Accordingly, the agency is 

issuing this notice pursuant to 29 U.S.C. 

657(g)(2)), Secretary of Labor’s Order 

No. 8–2020 (85 FR 58393, Sept. 18, 

2020), and 29 CFR 1910.7. 

Signed at Washington, DC, on February 23, 

2021. 

Amanda L. Edens, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2021–04240 Filed 3–1–21; 8:45 am] 

BILLING CODE 4510–26–P 

LEGAL SERVICES CORPORATION 

Request for Comments on LSC’s Draft 

2021–2024 Strategic Plan 

AGENCY: Legal Services Corporation. 

ACTION: Request for comments. 

SUMMARY: The Legal Services 

Corporation (‘‘LSC’’) Board of Directors 

(‘‘Board’’) is seeking comments on its 

draft 2021–2024 LSC Strategic Plan. The 

LSC Board previously sought comments 

on its 2017–2020 Strategic Plan, 

including comments on whether the 

existing goals and initiatives are 

appropriate and whether new goals or 

initiatives should be added or 

substituted. After receiving comments 

and recommendations from 

stakeholders, LSC now solicits 

comments on the proposed revisions to 

the Plan for 2021–2024. 

DATES: All comments and 

recommendations must be received on 

or before the close of business on April 

1, 2021. 

ADDRESSES: You may submit comments 

by email to LSCStrategicPlan@lsc.gov; 

cc: Rebecca Fertig Cohen, Chief of Staff 

and Corporate Secretary, cohenr@

lsc.gov. 

Instructions: All comments should be 

addressed to Rebecca Fertig Cohen, 

Chief of Staff, Legal Services 

Corporation. Include ‘‘Comments on 

LSC’s Draft 2021–2024 Strategic Plan’’ 

as the heading or subject line for all 

comments submitted. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Fertig Cohen, cohenr@lsc.gov, 

(202) 295–1576. 

SUPPLEMENTARY INFORMATION: The Legal 

Services Corporation (‘‘LSC’’) Board of 

Directors (‘‘Board’’) is is seeking 

comments on LSC’s draft 2021–2024 

LSC Strategic Plan. The LSC Board 

previously sought comments on its 

2017–2020 Plan, including comments 

on whether the existing goals and 

initiatives were appropriate and 

whether new goals or initiatives should 

be added or substituted. After receiving 

comments and recommendations from 

stakeholders, LSC now solicits 

comments on the proposed revisions to 

the Plan for 2021–2024. 

Based on the feedback provided by 

stakeholders, LSC proposes to continue 

working on the three goals identified in 

the 2017–2020 Strategic Plan over the 

next four years with only minor changes 

in focus. The three goals in the draft 

2021–2024 strategic plan are: 

1. Maximize the availability, quality, 

and effectiveness of the services its 

grantees provide to eligible low-income 

individuals by working with grantees to 

improve their organizational and 

operational capacity. 

2. Expand LSC’s role as a convener 

and leading voice for access to justice 

and increased civil legal services for 

eligible persons living in poverty in the 

United States. 

3. Achieve the highest standards of 

management, business operations, and 

fiscal responsibility. 

The full draft 2021–2024 Strategic 

Plan is available at https://lsclive.box.com/s/ 

6rhxhm2zhrtvbh4k1pgpux5ujhggvueq. 

Dated: February 23, 2021. 

Stefanie Davis, 

Senior Assistant General Counsel. 

[FR Doc. 2021–04204 Filed 3–1–21; 8:45 am] 

BILLING CODE 7050–01–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[21–014] 

Name of Information Collection: NASA 

STEM Gateway System Internship 

Outcome Assessment 

AGENCY: National Aeronautics and 

Space Administration (NASA). 


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