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, 18583-18585 [2014-07314]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Notices]
[Pages 18583-18585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07314]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0033]


Standard on the Control of Hazardous Energy (Lockout/Tagout); 
Extension of the Office of Management and Budget's (OMB) Approval of 
Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to 
extend OMB approval of the information collection requirements 
specified in the Standard on the Control of Hazardous Energy (Lockout/
Tagout) (29 CFR 1910.147).

DATES: Comments must be submitted (postmarked, sent, or received) by 
June 2, 2014.

ADDRESSES:
    Electronically: You may submit comments and attachments 
electronically at 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 a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0033, U.S. 
Department of Labor, Occupational Safety and Health Administration, 
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the Department of Labor's and Docket Office's normal 
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and the 
OSHA docket number for the Information Collection Request (ICR) (OSHA-
2011-0033). All comments, including any personal information you 
provide, are placed in the public docket without change, and may be 
made available online at 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 from the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Theda Kenney at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate 
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance consultation program to provide the public with an 
opportunity to comment on proposed and continuing information 
collection requirements in accord with the Paperwork Reduction Act of 
1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information 
is in the desired format, reporting burden (time and costs) is minimal, 
collection instruments are clearly understood, and OSHA's estimate of 
the information collection burden is accurate. The Occupational Safety 
and Health Act of

[[Page 18584]]

1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information 
collection by employers as necessary or appropriate for enforcement of 
the Act or for developing information regarding the causes and 
prevention of occupational injuries, illnesses, and accidents (29 
U.S.C. 657). The OSH Act also requires that OSHA obtain such 
information with minimum burden upon employers, especially those 
operating small businesses, and to reduce to the maximum extent 
feasible unnecessary duplication of efforts in obtaining information 
(29 U.S.C. 657).
    The Standard specifies several information collection requirements. 
The following sections describe who uses the information collected 
under each requirement, as well as how they use it. The purpose of 
these requirements is to control the release of hazardous energy 
sources while workers service, maintain, or repair machines or 
equipment when activation, start up, or release of energy from an 
energy source is possible; proper control of hazardous energy sources 
prevent death or serious injury among these workers.
    Energy Control Procedure (paragraph (c)(4)(i)). With limited 
exception, employers must document the procedures used to isolate from 
its energy source and render inoperative, any machine or equipment 
prior to servicing, maintenance, or repair by workers. These procedures 
are necessary when activation, start up, or release of stored energy 
from the energy source is possible, and such release could cause injury 
to the workers.
    Paragraph (c)(4)(ii) states that the required documentation must 
clearly and specifically outline the scope, purpose, authorization, 
rules, and techniques workers are to use to control hazardous energy, 
and the means to enforce compliance. The document must include at least 
the following elements:
    (A) A specific statement regarding the use of the procedure;
    (B) Detailed procedural steps for shutting down, isolating, 
blocking, and securing machines or equipment to control hazardous 
energy,
    (C) Detailed procedural steps for placing, removing, and 
transferring lockout or tagout devices, including the responsibility 
for doing so; and,
    (D) Requirements for testing a machine or equipment to determine 
and verify the effectiveness of lockout or tagout devices, as well as 
other energy control measures.
    Protective Materials and Hardware (paragraphs (c)(5)(ii)(D) and 
(c)(5)(iii)). Paragraph (C)(5)(ii)(D) requires that lockout and tagout 
devices indicate the identity of the employee applying it. Paragraph 
(c)(5)(iii) requires that tags warn against hazardous conditions if the 
machine or equipment is energized. In addition, the tag must include a 
legend such as one of the following: Do Not Start; Do Not Open; Do Not 
Close; Do Not Energize; Do Not Operate.
    Periodic Inspection Certification Records (paragraph (c)(6)(ii)). 
Under paragraph (c)(6)(i), employers are to conduct inspections of 
energy control procedures at least annually. An authorized worker 
(other than an authorized worker using the energy control procedure 
that is the subject of the inspection) is to conduct the inspection and 
correct any deviations or inadequacies identified. For procedures 
involving either lockout or tagout, the inspection must include a 
review, between the inspector and each authorized worker, of that 
worker's responsibilities under the procedure; for procedures using 
tagout systems, the review also involves affected workers, and includes 
an assessment of the workers' knowledge of the training elements 
required for these systems. Paragraph (c)(6)(ii) requires employers to 
certify the inspection by documenting the date of the inspection and 
identifying the machine or equipment inspected, the workers included in 
the inspection, and the worker who performed the inspection.
    Training Certification Records (paragraph (c)(7)(iv)). Under 
paragraph (c)(7)(iv), employers are to certify that workers completed 
the required training, and that this training is up-to-date. The 
certification is to contain each worker's name and the training date. 
Written certification of the training assures the employer that workers 
receive the training specified by the Standard.
    Disclosure of Inspection and Training Certification Records 
(paragraphs (c)(6)(ii) and (c)(7)(iv)). Under these provisions, 
employers subject to an OSHA inspection are required to disclose 
inspection and training certification records to the OSHA compliance 
officer.
    Notification of Employees (paragraph (c)(9)). This provision 
requires the employer or authorized worker to notify affected workers 
prior to applying, and after removing, a lockout or tagout device from 
a machine or equipment.
    Off-Site Personnel (Contractors, etc.) (paragraph (f)(2)(i)). When 
the on-site employer uses an off-site employer (e.g., a contractor) to 
perform the activities covered by the scope and application of the 
Standard, the two employers must inform each other regarding their 
respective lockout or tagout procedures.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements 
are necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and 
costs) of the information collection requirements, including the 
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information 
collected; and
     Ways to minimize the burden on employers who must comply; 
for example, by using automated or other technological information 
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information 
collection requirements contained in the Standard on the Control of 
Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147). The Agency is 
requesting an adjustment decrease in the number of burden hours from 
2,989,421 hours to 2,646,702 hours, a total decrease of 342,719 burden 
hours. In addition, OSHA is requesting an adjustment decrease of 
$216,410 in operation and maintenance costs (from $1,642,831 to 
$1,426,421) associated with the purchase of tags and ties by employers. 
These decreases are based on updated data showing a decrease in the 
number of affected high impact establishments. The Agency will 
summarize the comments submitted in response to this notice and will 
include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Standard on the Control of Hazardous Energy (Lockout/Tagout) 
(29 CFR 1910.147).
    OMB Control Number: 1218-0150.
    Affected Public: Business or other for-profits.
    Number of Respondents: 730,706.
    Frequency of Responses: Initially; Annually; On occasion.
    Total Responses: 72,337,270.
    Average Time per Response: Varies from 15 seconds (.004 hour) for 
an employer or authorized worker to notify affected workers prior to 
applying, and after removing, a lockout/tagout device from a machine or 
equipment to 80 hours for certain employers to develop energy control 
procedures.
    Estimated Total Burden Hours: 2,646,702.
    Estimated Cost (Operation and Maintenance): $1,426,422.

[[Page 18585]]

IV. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows: 
(1) Electronically at 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-2011-0033). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or facsimile submission, you must submit them to the 
OSHA Docket Office (see the section of this notice titled ADDRESSES). 
The additional materials must clearly identify your electronic comments 
by your name, date, and the docket number so the Agency can attach them 
to your comments.
    Because of security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments. For information about 
security procedures concerning the delivery of materials by hand, 
express delivery, messenger, or courier service, please contact the 
OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).
    Comments and submissions are posted without change at 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 from 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 from the Web site, and for assistance in using the Internet 
to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, directed the preparation of this 
notice. The authority for this notice is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on March 27, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-07314 Filed 4-1-14; 8:45 am]
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