60-day Preclearance Notice 2020

84004

Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / 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 the proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
contained in the Standard on the
Control of Hazardous Energy (Lockout/
Tagout).
DATES: Comments must be submitted
(postmarked, sent, or received) by
February 22, 2021.
ADDRESSES:
Electronically: You may submit
comments, including attachments,
electronically at http://
www.regulations.gov, the Federal
eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, do not exceed 10
pages, you may fax them to the OSHA
Docket Office at (202) 693–1648.
Regular mail, express delivery, hand
(courier) delivery, and messenger
service: When using these methods, you
must submit a copy of your comments
and attachments to the OSHA Docket
Office, OSHA Docket No. OSHA–2011–
0033, Occupational Safety and Health
Administration, U.S. Department of
Labor, Room N–3653, 200 Constitution
Avenue NW, Washington, DC 20210.
Please note: While OSHA’s Docket
Office is continuing to accept and
process submissions by regular mail,
due to the COVID–19 pandemic, the
Docket Office is closed to the public and
not able to received submissions to the
docket by hand, express mail,
messenger, and courier service.
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (OSHA–2011–0033). Because of
security-related procedures,
submissions by regular mail may result
in a significant delay in receipt. OSHA
will place comments and requests to
speak, including personal information,
in the public docket, which may be

jbell on DSKJLSW7X2PROD with NOTICES

SUMMARY:

VerDate Sep<11>2014

21:21 Dec 22, 2020

Jkt 253001

available online. Therefore, OSHA
cautions interested parties about
submitting personal information such as
Social Security numbers and birthdates.
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 above
address. 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 website.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Theda Kenney at
(202) 693–2222 to obtain a copy of the
ICR.
FOR FURTHER INFORMATION CONTACT:

Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor,
telephone (202) 693–2222.
SUPPLEMENTARY INFORMATION:

I. Background
The Department of Labor, as part of a
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance process 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 (PRA)
(44 U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, the reporting burden
(time and costs) is minimal, the
collection instruments are clearly
understood, and OSHA’s estimate of the
information collection burden is
accurate. The Occupational Safety and
Health Act of 1970 (OSH Act) (29 U.S.C.
651 et seq.) authorizes information
collection by employers as necessary or
appropriate for enforcement of the OSH
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 OSHA to obtain such
information with a minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of effort in
obtaining said information (29 U.S.C.
657).

PO 00000

Frm 00122

Fmt 4703

Sfmt 4703

The Standard on the Control of
Hazardous Energy (also referred to as
the ‘‘Lockout/Tagout Standard’’), 29
CFR 1910.147, contains several
information collection requirements,
which are described below. The purpose
of these requirements is to control the
release of hazardous energy 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
prevents 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 specific statement regarding
the use of the procedure; detailed
procedural steps for shutting down,
isolating, blocking, and securing
machines or equipment to control
hazardous energy; detailed procedural
steps for placing, removing, and
transferring lockout or tagout devices,
including the responsibility for doing
so; and 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

E:\FR\FM\23DEN1.SGM

23DEN1

Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
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.
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.

jbell on DSKJLSW7X2PROD with NOTICES

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;

VerDate Sep<11>2014

21:21 Dec 22, 2020

Jkt 253001

• 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 an adjustment
decrease of 126,403.49 burden hours
(from 2,749,315 hours to 2,622,911.51
hours). This decrease is the result of
updated data showing a decrease in the
number of affected high-impact
establishments (from 292,825 to 290,560
establishments). In addition, OSHA is
requesting an adjustment decrease of
$102,032.08 in operation and
maintenance costs (from $1,472,686.00
to $1,370,653.92) associated with the
purchase of tags and ties by employers.
This decrease is also a result of updated
data showing a reduction of the number
of high-impact establishments.
Type of Review: Extension of a
currently approved collection.
Title: Standard on the Control of
Hazardous Energy (Lockout/Tagout).
OMB Control Number: 1218–0150.
Affected Public: Business or other forprofits.
Number of Respondents: 773,209.
Frequency: Initially; Annually; On
occasion.
Average Time per Response: Varies.
Estimated Number of Responses:
69,257,657.
Estimated Total Burden Hours:
2,622,911.51.
Estimated Cost (Operation and
Maintenance): $1,370,653.92.
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.
Please note: While OSHA’s Docket
Office is continuing to accept and
process submissions by regular mail,
due to the COVID–19 pandemic, the
Docket Office is closed to the public and
not able to receive submissions to the
docket by hand, express mail,
messenger, and courier service. 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

PO 00000

Frm 00123

Fmt 4703

Sfmt 9990

84005

must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify
electronic comments by your name,
date, and the docket number so that the
agency can attach them to your
comments.
Due to security procedures, the use of
regular mail may cause a significant
delay in the receipt of comments.
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 dates 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 website.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov website to submit
comments and access the docket is
available at the website’s ‘‘User Tips’’
link. Contact the OSHA Docket Office at
(202) 693–2350, (TTY (877) 889–5627)
for information about materials not
available through the website, and for
assistance in using the internet to locate
docket submissions.
V. Authority and Signature
Loren Sweatt, Principal Deputy
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 December
18, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor
for Occupational Safety and Health.
[FR Doc. 2020–28372 Filed 12–22–20; 8:45 am]
BILLING CODE 4510–26–P

E:\FR\FM\23DEN1.SGM

23DEN1