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, 61378-61381 [E7-21288]
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61378
Federal Register / Vol. 72, No. 209 / Tuesday, October 30, 2007 / Notices
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number of employees exposed or
threatened by the hazards; and whether
or not the employee/employee
representative informed another
government agency about the hazards
(and the name of the agency if so
informed).
Additional information on the
hardcopy version of the form addresses
the complainant including: Whether or
not the complainant wants OSHA to
reveal their name to the employer;
whether the complainant is an
employee or an employee
representative, or for information
provided orally, a member of a Federal
safety and health committee or another
party (with space to specify the party);
the complainant’s name, telephone
number, and address; and the
complainant’s signature attesting that
they believe a violation of an OSHA
standard exists at the named
establishment; and the date of the
signature. An employee representative
must also provide the name of the
organization they represent and their
title.
The information contained in the
online version of the OSHA–7 Form is
similar to the hard copy version.
However, the online version requests
the complainant’s e-mail address, and
does not ask for the establishment’s and
site’s telephone and facsimile numbers
and the complainant’s signature and
signature date.
The Agency uses the information
collected on the OSHA–7 Form to
determine whether reasonable grounds
exist to conduct an inspection of the
workplace. The description of the
hazards, including the number of
exposed employees, allows the Agency
to assess the severity of the hazards and
the need to expedite the inspection. The
completed form also provides an
employer with notice of the complaint
and may serve as the basis for obtaining
a search warrant if an employer denies
the Agency access to the workplace.
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
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example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
Requirements relating to the OSHA–7
Form. The Agency will summarize the
comments submitted in response to this
notice and will include this summary in
the request to OMB to extend the
approval of the information collection
requirement contained in the Standard.
Type of Review: Extension of a
currently approved collection.
Title: OSHA–7 Form (‘‘Notice of
Alleged Safety and Health Hazards’’).
OMB Number: 1218–0064.
Affected Public: Individuals or
households.
Number of Respondents: 48,298.
Frequency of Recordkeeping: On
occasion.
Total Responses: 48,298.
Average Time per Response: Varies
from 15 minutes (.25 hour) to
communicate the required information
orally to the Agency to 25 minutes (.42
hour) to provide the information in
writing and send it to OSHA.
Total Burden Hours Requested:
12,775.
Estimated Cost (Operation and
Maintenance): $990.
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 https://
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–2007–0074).
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).
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Comments and submissions are
posted without change at https://
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 https://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 https://
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.
V. Authority and Signature
Edwin G. Foulke, Jr., 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. 5–2007 (67 FR 31159).
Signed at Washington, DC, on October 24,
2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E7–21287 Filed 10–29–07; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0075]
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 comment.
AGENCY:
SUMMARY: OSHA solicits public
comment 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
December 31, 2007.
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Federal Register / Vol. 72, No. 209 / Tuesday, October 30, 2007 / Notices
ADDRESSES:
Electronically: You may submit
comments and attachments
electronically at https://
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
three copies of your comments and
attachments to the OSHA Docket Office,
Docket No. OSHA–2007–0075, 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 OSHA
docket number for the ICR (OSHA–
2007–0075). All comments, including
any personal information you provide,
are placed in the public docket without
change, and may be made available
online at https://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 https://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 https://
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.
sroberts on PROD1PC70 with NOTICES
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:
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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
paperwork 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 employees 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 employees.
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
employees. 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 employees.
Paragraph (c)(4)(ii) states that the
required documentation must clearly
and specifically outline the scope,
purpose, authorization, rules, and
techniques employees are to use to
control hazardous energy, and the
means to enforce compliance. The
document must include at least the
following elements:
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61379
(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, and for
placing, removing, and transferring
lockout or tagout devices, including the
responsibility for doing so; and,
(C) 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 employees 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 employee
(other than an authorized employee
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 employee, of that employee’s
responsibilities under the procedure; for
procedures using tagout systems, the
review also involves affected
employees, and includes an assessment
of the employees’ 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 and the employee
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
employees 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 employees 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
employees obtain instruction on the
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purpose and use of the energy control
procedure; and other employees 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
employees 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; employees are not to remove
tags attached to an energy isolating
devices unless permitted to do so by the
authorized employee 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 employees, as well as by other
employees 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 evoke a false sense of
security, and employees 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 employees when a change
occurs in: Their job assignments, the
machines, equipment, or processes such
that a new hazard is present; and the
energy 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 an employee’s
knowledge or use of energy control
procedures. The retraining must
reestablish employee proficiency and, if
necessary, introduce new or revised
energy control procedures.
Under paragraph (c)(7)(iv), employers
are to certify that employees completed
the required training, and that this
training is up-to-date. The certification
is to contain each employee’s name and
the training date.
Training employees 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
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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 employees
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 employees 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 to notify affected employees
prior to applying, and after removing, a
lockout or tagout device from a machine
or equipment. Such notification informs
employees 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 employees do
not attempt to reactivate a machine or
piece of equipment after an authorized
employee isolates its energy source and
renders it inoperative. Notifying
employees after removing an energy
control device alerts them that the
machines and equipment are no 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
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Fmt 4703
Sfmt 4703
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 407,924 burden hours
(from 3,421,527 to 3,013,603). 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).
OMB Number: 1218–0150.
Affected Public: Business or other forprofit.
Frequency of Recordkeeping: Initially;
Annually; On occasion.
Number of Respondents: 769,748.
Total Responses: 83,380,843.
Estimated Time per Response: Varies
from 15 seconds (.004 hour) for an
employer or authorized employee to
notify affected employees 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: 3,013,603.
Estimated Cost (Operation and
Maintenance): $0.
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 https://
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–2007–0075).
You may supplement electronic
submissions by uploading document
files electronically. If you wish to mail
E:\FR\FM\30OCN1.SGM
30OCN1
61381
Federal Register / Vol. 72, No. 209 / Tuesday, October 30, 2007 / Notices
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 https://
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 https://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 https://
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.
V. Authority and Signature
Edwin G. Foulke, Jr., 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. 5–2007 (72 FR 31159).
Signed at Washington, DC, on October 24,
2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E7–21288 Filed 10–29–07; 8:45 am]
BILLING CODE 4510–26–P
MILLENNIUM CHALLENGE
CORPORATION
[MCC FR 07–12]
Notice of Entering Into a Compact With
the Government of Mongolia
Millennium Challenge
Corporation.
ACTION: Notice.
AGENCY:
SUMMARY: In accordance with section
610(b)(2) of the Millennium Challenge
Act of 2003 (Pub. L. 108–199, Division
D), the Millennium Challenge
Corporation (MCC) is publishing a
summary and the complete text of the
Millennium Challenge Compact
between the United States of America,
acting through the Millennium
Challenge Corporation, and the
Government of Mongolia. The President
of the United States of America and the
President of Mongolia executed the
Compact documents on October 22,
2007.
Dated: October 24, 2007.
William G. Anderson Jr.,
Vice President & General Counsel,
Millennium Challenge Corporation.
million, located between Russia and
China. Nearly half of the population is
concentrated in Ulaanbaatar, its capital,
about 60% lives along the rail corridor
between Russia and China, and the
remainder is largely dispersed
throughout the country. Mongolia’s
aging transport infrastructure and weak
institutions are a significant constraint
to economic growth and development,
particularly given the pressures of the
country’s abrupt transition to a market
economy, the collapse of financial
support from Russia, and the rapid
urbanization of what traditionally has
been a highly dispersed rural herding
society. The Government of Mongolia
(‘‘GoM’’) has proposed a $285 million,
five-year MCA program (‘‘Program’’)
comprising the Rail Project, the Property
Rights Project, the Vocational Education
Project, and the Health Project, as
further described below (each, a
‘‘Project’’). The proposed Program is
intended to release the potential of
certain critical interlocking human,
institutional, and physical resources
that factor centrally in Mongolia’s
efforts to broaden and deepen economic
development. The Program is expected
to have a significant direct impact on
individuals living in poverty, and
significant indirect and ancillary
benefits by creating new economic
opportunities and increasing the
capacity of individuals and groups to
participate fully in and benefit from
economic growth.
B. Program Overview and Budget
Summary of Millennium Challenge
Compact With the Government of
Mongolia
A. Introduction
Mongolia is a landlocked country
with a population of approximately 2.6
Timeline
Description
CIF
($US Mil)
CY1
($US Mil)
CY2
($US Mil)
CY3
($US Mil)
CY4
($US Mil)
CY5
($US Mil)
Total
($US Mil)
0
0.17
0.23
0.19
4.40
0.04
26.06
2.99
2.09
2.24
5.17
0.56
44.50
8.18
8.29
4.40
4.61
0.47
52.68
7.08
8.40
4.56
4.32
0.47
61.94
3.51
5.41
2.92
3.85
0.39
3.20
1.13
1.10
2.72
3.89
2.77
188.38
23.06
25.51
17.03
26.23
4.70
Total ................................................................
sroberts on PROD1PC70 with NOTICES
Rail Project .............................................................
Property Rights Project ..........................................
Vocational Education Project .................................
Health Project ........................................................
Program Administration & Audits ...........................
Monitoring & Evaluation .........................................
5.02
39.12
70.44
77.50
78.01
14.82
284.91
The Program’s goal is to reduce
poverty through economic growth.
Specifically, by 2028, the Program is
expected to benefit directly
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approximately 3.1 million Mongolians,
roughly 95% of the country’s projected
population in that year. As a result of
the Program, we expect per capita
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incomes for all Mongolians to be 3.5%
higher five years after the start of the
Program, and to increase by a total of
4.5% within 20 years after the start of
E:\FR\FM\30OCN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 209 (Tuesday, October 30, 2007)]
[Notices]
[Pages 61378-61381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21288]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0075]
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 comment.
-----------------------------------------------------------------------
SUMMARY: OSHA solicits public comment 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
December 31, 2007.
[[Page 61379]]
ADDRESSES:
Electronically: You may submit comments and attachments
electronically at https://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 three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2007-0075,
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 OSHA
docket number for the ICR (OSHA-2007-0075). All comments, including any
personal information you provide, are placed in the public docket
without change, and may be made available online at https://
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 https://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 https://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 paperwork 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 employees 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 employees.
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 employees. 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 employees.
Paragraph (c)(4)(ii) states that the required documentation must
clearly and specifically outline the scope, purpose, authorization,
rules, and techniques employees 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, and for placing, removing, and transferring lockout or tagout
devices, including the responsibility for doing so; and,
(C) 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 employees 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 employee (other than an
authorized employee 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 employee, of that employee's
responsibilities under the procedure; for procedures using tagout
systems, the review also involves affected employees, and includes an
assessment of the employees' 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 and the employee 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 employees 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 employees 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 employees obtain instruction on the
[[Page 61380]]
purpose and use of the energy control procedure; and other employees
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 employees 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;
employees are not to remove tags attached to an energy isolating
devices unless permitted to do so by the authorized employee
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 employees, as well as by
other employees 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 evoke a false sense of security, and employees
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 employees when a change occurs in: Their job assignments,
the machines, equipment, or processes such that a new hazard is
present; and the energy 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 an employee's knowledge or use of energy control
procedures. The retraining must reestablish employee proficiency and,
if necessary, introduce new or revised energy control procedures.
Under paragraph (c)(7)(iv), employers are to certify that employees
completed the required training, and that this training is up-to-date.
The certification is to contain each employee's name and the training
date.
Training employees 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 employees
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 employees 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 to notify affected employees prior to applying,
and after removing, a lockout or tagout device from a machine or
equipment. Such notification informs employees 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 employees do not
attempt to reactivate a machine or piece of equipment after an
authorized employee isolates its energy source and renders it
inoperative. Notifying employees after removing an energy control
device alerts them that the machines and equipment are no 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 407,924 burden hours (from 3,421,527 to
3,013,603). 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).
OMB Number: 1218-0150.
Affected Public: Business or other for-profit.
Frequency of Recordkeeping: Initially; Annually; On occasion.
Number of Respondents: 769,748.
Total Responses: 83,380,843.
Estimated Time per Response: Varies from 15 seconds (.004 hour) for
an employer or authorized employee to notify affected employees 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: 3,013,603.
Estimated Cost (Operation and Maintenance): $0.
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 https://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-2007-0075). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail
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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 https://
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 https://
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 https://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.
V. Authority and Signature
Edwin G. Foulke, Jr., 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. 5-2007 (72 FR
31159).
Signed at Washington, DC, on October 24, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E7-21288 Filed 10-29-07; 8:45 am]
BILLING CODE 4510-26-P
