Lockout/tagout (LOTO) procedures are intended to prevent catastrophic injuries from unexpected equipment startups and uncontrolled energy releases.
But when these critical protocols are ignored, construction workers pay the price. LOTO violations are consistently among the top 10 OSHA violations nationwide and in the New York City region.
Understanding lockout/tagout violations and how they violate OSHA and local regulations is critical. There is a path forward for workers injured by preventable energy control failures, and it begins with knowing the rules meant to protect you.
What Is Lockout/Tagout and Why Does It Matter?
OSHA’s “Control of Hazardous Energy” standards require employers to use lockout/tagout procedures to protect workers from unexpected equipment startup or the release of stored energy during servicing or maintenance. In construction, OSHA extends these principles through specific standards, such as 29 CFR 1926.417 for electrical circuits and related energy control provisions.
New York Industrial Code Rule 23, New York Labor Law Section 200, New Jersey Public Employees' Occupational Safety and Health Act, N.J.S.A. 34:6A-25 et seq, and other state laws and regulations also protect New York and New Jersey construction workers from the dangers of improper LOTO procedures.
The goal is to ensure that the equipment is properly shut off and can't be restarted until the work is complete.
How LOTO Works
The lockout process involves:
- Identifying energy sources. All electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or other energy sources must be located and locked out.
- Shutting down equipment. All power sources are disconnected, and the machinery is brought to a zero-energy state.
- Applying locks and tags. Locks are attached to the isolated power sources, and warning tags provide clear notice not to restore energy until the lock is removed by the worker who placed it.
These steps are meant to prevent devastating accidents.
The Risks of Improper LOTO
When LOTO procedures aren't followed correctly, workers are exposed to severe hazards, including:
- Crush injuries. Heavy equipment can suddenly activate, pinning or mangling workers caught in the machinery.
- Electrical shock. Contact with live wires or energized equipment can cause electrocution, burns, and nerve damage.
- Toxic exposure. Pipes and vessels containing hazardous chemicals or gases can release their contents without warning.
Any one of these accidents can result in life-changing or fatal injuries.
LOTO Violations on New York and New Jersey Construction Sites
Despite the dangers, lockout/tagout failures are all too common in the construction industry. Some of the most prevalent issues include:
Failing to Establish an Energy Control Program
OSHA requires every construction employer to develop and implement a comprehensive lockout tagout program. This must include:
- Documented procedures for shutting down, isolating, and securing equipment
- Employee training on LOTO protocols and their role in the process
- Regular inspections to verify that procedures are being followed
Without a robust system in place, ad hoc practices and human error put lives at risk.
Inadequate Written Procedures
Employers must develop written energy control procedures for each machine that could expose workers to hazardous energy during servicing. Failing to document these steps is a frequent OSHA violation.
Inadequate Employee Training
Even the best LOTO program is useless if workers don't understand their responsibilities. Employers must provide training to ensure that every construction worker knows:
- When LOTO is required
- How to identify and control hazardous energy sources
- Proper lockout and tagout techniques
- Procedures for removing locks and restoring energy
Only authorized employees who are trained to control hazardous energy should apply lockout/tagout devices.
Using Defective or Improper Equipment
Effective lockout/tagout requires reliable, purpose-built hardware. Makeshift solutions like zip ties or flimsy locks are no substitute for heavy-duty devices designed to withstand tampering. Employers must provide:
- Standardized locks and tags that clearly identify the worker who applied them
- Durable lockout devices that completely isolate the energy source
- Adequate supplies so that every worker can apply their own lock and tag
Cutting corners on equipment undermines the entire LOTO process.
Skipping Verification
Even after locks are applied, employers must verify that equipment is fully de-energized before work begins. Workers injured due to a lack of verification have a strong basis for claiming that safety steps were skipped.
How LOTO Failures Support NY and NJ Construction Accident Claims
When a worker is injured because a construction company failed to implement or enforce OSHA-mandated lockout tagout protocols, that negligence can form the basis of a legal claim.
No one should have to risk their life just to do their job. If you've been injured by a lockout tagout failure on a New York or New Jersey construction site, you have rights, and you need an advocate who will fight for them.
At Hofmann & Schweitzer, our New Jersey and New York construction accident lawyers have been standing up for hardworking construction professionals for decades. We know the devastation that LOTO negligence can cause, and we're committed to holding employers accountable when they put profits over people.
