[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Notices]
[Pages 18583-18585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07314]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0033]
Standard on the Control of Hazardous Energy (Lockout/Tagout);
Extension of the Office of Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
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SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirements
specified in the Standard on the Control of Hazardous Energy (Lockout/
Tagout) (29 CFR 1910.147).
DATES: Comments must be submitted (postmarked, sent, or received) by
June 2, 2014.
ADDRESSES:
Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0033, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and the
OSHA docket number for the Information Collection Request (ICR) (OSHA-
2011-0033). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accord with the Paperwork Reduction Act of
1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information
is in the desired format, reporting burden (time and costs) is minimal,
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of
[[Page 18584]]
1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires that OSHA obtain such
information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
The Standard specifies several information collection requirements.
The following sections describe who uses the information collected
under each requirement, as well as how they use it. The purpose of
these requirements is to control the release of hazardous energy
sources while workers service, maintain, or repair machines or
equipment when activation, start up, or release of energy from an
energy source is possible; proper control of hazardous energy sources
prevent death or serious injury among these workers.
Energy Control Procedure (paragraph (c)(4)(i)). With limited
exception, employers must document the procedures used to isolate from
its energy source and render inoperative, any machine or equipment
prior to servicing, maintenance, or repair by workers. These procedures
are necessary when activation, start up, or release of stored energy
from the energy source is possible, and such release could cause injury
to the workers.
Paragraph (c)(4)(ii) states that the required documentation must
clearly and specifically outline the scope, purpose, authorization,
rules, and techniques workers are to use to control hazardous energy,
and the means to enforce compliance. The document must include at least
the following elements:
(A) A specific statement regarding the use of the procedure;
(B) Detailed procedural steps for shutting down, isolating,
blocking, and securing machines or equipment to control hazardous
energy,
(C) Detailed procedural steps for placing, removing, and
transferring lockout or tagout devices, including the responsibility
for doing so; and,
(D) Requirements for testing a machine or equipment to determine
and verify the effectiveness of lockout or tagout devices, as well as
other energy control measures.
Protective Materials and Hardware (paragraphs (c)(5)(ii)(D) and
(c)(5)(iii)). Paragraph (C)(5)(ii)(D) requires that lockout and tagout
devices indicate the identity of the employee applying it. Paragraph
(c)(5)(iii) requires that tags warn against hazardous conditions if the
machine or equipment is energized. In addition, the tag must include a
legend such as one of the following: Do Not Start; Do Not Open; Do Not
Close; Do Not Energize; Do Not Operate.
Periodic Inspection Certification Records (paragraph (c)(6)(ii)).
Under paragraph (c)(6)(i), employers are to conduct inspections of
energy control procedures at least annually. An authorized worker
(other than an authorized worker using the energy control procedure
that is the subject of the inspection) is to conduct the inspection and
correct any deviations or inadequacies identified. For procedures
involving either lockout or tagout, the inspection must include a
review, between the inspector and each authorized worker, of that
worker's responsibilities under the procedure; for procedures using
tagout systems, the review also involves affected workers, and includes
an assessment of the workers' knowledge of the training elements
required for these systems. Paragraph (c)(6)(ii) requires employers to
certify the inspection by documenting the date of the inspection and
identifying the machine or equipment inspected, the workers included in
the inspection, and the worker who performed the inspection.
Training Certification Records (paragraph (c)(7)(iv)). Under
paragraph (c)(7)(iv), employers are to certify that workers completed
the required training, and that this training is up-to-date. The
certification is to contain each worker's name and the training date.
Written certification of the training assures the employer that workers
receive the training specified by the Standard.
Disclosure of Inspection and Training Certification Records
(paragraphs (c)(6)(ii) and (c)(7)(iv)). Under these provisions,
employers subject to an OSHA inspection are required to disclose
inspection and training certification records to the OSHA compliance
officer.
Notification of Employees (paragraph (c)(9)). This provision
requires the employer or authorized worker to notify affected workers
prior to applying, and after removing, a lockout or tagout device from
a machine or equipment.
Off-Site Personnel (Contractors, etc.) (paragraph (f)(2)(i)). When
the on-site employer uses an off-site employer (e.g., a contractor) to
perform the activities covered by the scope and application of the
Standard, the two employers must inform each other regarding their
respective lockout or tagout procedures.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
collected; and
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Standard on the Control of
Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147). The Agency is
requesting an adjustment decrease in the number of burden hours from
2,989,421 hours to 2,646,702 hours, a total decrease of 342,719 burden
hours. In addition, OSHA is requesting an adjustment decrease of
$216,410 in operation and maintenance costs (from $1,642,831 to
$1,426,421) associated with the purchase of tags and ties by employers.
These decreases are based on updated data showing a decrease in the
number of affected high impact establishments. The Agency will
summarize the comments submitted in response to this notice and will
include this summary in the request to OMB.
Type of Review: Extension of a currently approved collection.
Title: Standard on the Control of Hazardous Energy (Lockout/Tagout)
(29 CFR 1910.147).
OMB Control Number: 1218-0150.
Affected Public: Business or other for-profits.
Number of Respondents: 730,706.
Frequency of Responses: Initially; Annually; On occasion.
Total Responses: 72,337,270.
Average Time per Response: Varies from 15 seconds (.004 hour) for
an employer or authorized worker to notify affected workers prior to
applying, and after removing, a lockout/tagout device from a machine or
equipment to 80 hours for certain employers to develop energy control
procedures.
Estimated Total Burden Hours: 2,646,702.
Estimated Cost (Operation and Maintenance): $1,426,422.
[[Page 18585]]
IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2011-0033). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).
Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the Web site, and for assistance in using the Internet
to locate docket submissions.
V. Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).
Signed at Washington, DC, on March 27, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-07314 Filed 4-1-14; 8:45 am]
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