60 Day FRN

8780

Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices

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
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:

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 April
18, 2011.
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
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

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SUMMARY:

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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 through 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 accordance 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
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

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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.
The employer uses the information in
this document as the basis for informing
and training workers about the purpose
and function of the energy control
procedures, and the safe application,
use, and removal of energy controls. In
addition, this information enables
employers to effectively identify
operations and processes in the
workplace that require energy control
procedures.
Periodic Inspection (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

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Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices
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 and Communication
(paragraph (c)(7)(iv)). Paragraph (c)(7)(i)
specifies that employers must establish
a training program that enables workers
to understand the purpose and function
of the energy control procedures, and
provides them with the knowledge and
skills necessary for the safe application,
use, and removal of energy controls.
According to paragraph (c)(7)(i),
employers are to ensure that: authorized
workers recognize the applicable
hazardous energy sources, the type and
magnitude of the energy available in the
workplace, and the methods and means
necessary for energy isolation and
control; affected workers obtain
instruction on the purpose and use of
the energy control procedure; and other
workers who work, or may work, near
operations using the energy control
procedure receive training about the
procedure, as well as the prohibition
regarding attempts to restart or
reactivate machines or equipment
having locks or tags to control energy
release.
Under paragraph (c)(7)(ii), when the
employer uses a tagout system, the
training program must inform workers
that: Tags are warning labels affixed to
energy isolating devices, and, therefore,
they do not provide the physical
restraint on those devices that locks do;
workers are not to remove tags attached
to an energy isolating device unless
permitted to do so by the authorized
worker responsible for the tag, and they
are never to bypass, ignore, or in any
manner defeat the tagout system; tags
must be legible and understandable by
authorized and affected workers, as well
as by other workers who work, or may
work, near operations using the energy
control procedure; the materials used
for tags, including the means of
attaching them, must withstand the
environmental conditions encountered
in the workplace; tags may evoke a false
sense of security, and workers must
understand that tags are only part of the
overall energy control program; and
they must attach tags securely to energy
isolating devices to prevent removal of
the tags during use.
Paragraph (c)(7)(iii) states that
employers must retrain authorized and
affected workers when a change occurs
in: Their job assignments, the machines,
equipment, or processes such that a new
hazard is present; and the energy

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control procedures. Employers also
must provide retraining when they have
reason to believe, or periodic inspection
required under paragraph (c)(6)
indicates, that deviations and
inadequacies exist in a worker’s
knowledge or use of energy control
procedures. The retraining must
reestablish worker proficiency and, if
necessary, introduce new or revised
energy control procedures.
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.
Training workers to recognize
hazardous energy sources and to
understand the purpose and function of
the energy control procedures, and
providing them with the knowledge and
skills necessary to implement safe
application, use, and removal of energy
controls, enables them to prevent
serious accidents by using appropriate
control procedures in a safe manner to
isolate these hazards. In addition,
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)). The inspection
records provide employers with
assurance that workers can safely and
effectively service, maintain, and repair
machines and equipment covered by the
Standard. These records also provide
the most efficient means for an OSHA
compliance officer to determine that an
employer is complying with the
Standard, and that the machines and
equipment are safe for servicing,
maintenance, and repair. The training
records provide the most efficient
means for an OSHA compliance officer
to determine whether an employer has
performed the required training.
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.
Such notification informs workers of the
impending interruption of the normal
production operation, and serves as a
reminder of the restrictions imposed on
them by the energy control program. In
addition, this requirement ensures that
workers do not attempt to reactivate a
machine or piece of equipment after an
authorized worker isolates its energy
source and renders it inoperative.
Notifying workers after removing an
energy control device alerts them that
the machines and equipment are no

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8781

longer safe for servicing, maintenance,
and repair.
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.
This provision ensures that each
employer knows about the unique
energy control procedures used by the
other employer; this knowledge
prevents any misunderstanding
regarding the implementation of lockout
or tagout procedures, and the use of
lockout or tagout devices for a particular
application.
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 a
net decrease of 24,182 burden hours
(from 3,013,603 to 2,989,421). 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 Number: 1218–0150.
Affected Public: Business or other forprofits.
Number of Respondents: 773,632.
Total Responses: 82,957,470.
Frequency of Recordkeeping: Initially;
Annually; On occasion.
Estimated Time per Response: Varies
from 15 seconds (.004 hour) for an
employer or authorized worker to notify

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Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices

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.
Total Burden Hours: 2,989,421.
Estimated Cost (Operation and
Maintenance): $0.

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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 through 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 through the Web site, and for
assistance in using the Internet to locate
docket submissions.

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V. Authority and Signature
David Michaels, PhD, 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. 4–2010 (75 FR 55355).
Signed at Washington, DC, on February 10,
2011.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2011–3366 Filed 2–14–11; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0029]

Underground Construction Standard;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:

OSHA solicits public
comments concerning its proposal to
extend OMB approval of the
information collection requirements
specified in its Standard on
Underground Construction (29 CFR
1926.800).
DATES: Comments must be submitted
(postmarked, sent, or received) by April
18, 2011.
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, OSHA
Docket No. OSHA–2011–0029, 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
SUMMARY:

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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 OSHA
docket number for the Information
Collection request (ICR) (OSHA–2011–
0029). 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 through 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 accordance 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
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

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15FEN1