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]

Download as PDF 61378 Federal Register / Vol. 72, No. 209 / Tuesday, October 30, 2007 / Notices sroberts on PROD1PC70 with NOTICES 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 VerDate Aug<31>2005 20:46 Oct 29, 2007 Jkt 214001 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 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–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). PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 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. 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. E:\FR\FM\30OCN1.SGM 30OCN1 Federal Register / Vol. 72, No. 209 / Tuesday, October 30, 2007 / Notices 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 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 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. 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: VerDate Aug<31>2005 20:46 Oct 29, 2007 Jkt 214001 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: PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 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 E:\FR\FM\30OCN1.SGM 30OCN1 sroberts on PROD1PC70 with NOTICES 61380 Federal Register / Vol. 72, No. 209 / Tuesday, October 30, 2007 / Notices 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 VerDate Aug<31>2005 20:46 Oct 29, 2007 Jkt 214001 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 PO 00000 Frm 00057 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 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–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 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. 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 VerDate Aug<31>2005 20:46 Oct 29, 2007 Jkt 214001 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 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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 30OCN1

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]


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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 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 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 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 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 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-2007-0075). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail

[[Page 61381]]

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.

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