Back in January, we posted a breaking news story here on the OSHA Law Update blog about a major settlement of an OSHA enforcement action renewing the grain industry’s right to have employees work inside grain bins with energized sweep augers under certain specified conditions — aka, Ten Sweep Auger Safety Principles.
Since the settlement became a final order of the OSH Review Commission in January, federal OSHA’s national office in Washington, DC issued a May 3, 2013 Enforcement Memorandum to all of the Agency’s Regional Offices that memorialized the terms of the settlement and turned them into a national enforcement policy. Specifically, the Enforcement Memo clarified what engineering and work practice controls to eliminate or mitigate the danger to employees from the moving parts of a sweep auger that are acceptable to OSHA to allow employees to work inside the bin with the auger while it is operating.