[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Rules and Regulations]
[Pages 21848-21849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08864]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2013-0010]
RIN 1218-AC80


Record Requirements in the Mechanical Power Presses Standard

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

ACTION: Final rule; confirmation of effective date.

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SUMMARY: On November 20, 2013, OSHA published in the Federal Register a 
direct final rule that revised records contained in the Mechanical 
Power Press Standard. OSHA stated in that document that it would 
withdraw the companion proposed rule and confirm the effective date of 
the final rule if the Agency received no significant adverse comments 
on the direct final rule or the proposal. Since OSHA received no such 
significant adverse comments on the direct final rule or the proposal, 
the Agency now confirms that the direct final rule became effective as 
a final rule on February 18, 2013.

DATES: The direct final rule published on November 20, 2013 (78 FR 
69543), became effective as a final rule on February 18, 2014. For the 
purposes of judicial review, OSHA considers April 18, 2014, the date of 
issuance of the final rule.

ADDRESSES: In compliance with 28 U.S.C. 2112(a), OSHA designates the 
Associate Solicitor of Labor for Occupational Safety and Health as the 
recipient of petitions for review of the final standard. Contact Joseph 
M. Woodward, Associate Solicitor, at the Office of the Solicitor, Room 
S-4004, U.S. Department of Labor, 200 Constitution Avenue NW., 
Washington, DC 20210; telephone: (202) 693-5445; email: 
woodward.joseph@dol.gov.

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries: Contact Frank Meilinger, Director, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue NW., Washington, DC 20210; telephone: (202) 693-1999; email: 
meilinger.francis2@dol.gov.
    Technical information: Contact Todd Owen, Directorate of Standards 
and Guidance, Room N-3609, OSHA, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
2260; fax: (202) 693-1663; email: owen.todd@dol.gov.

SUPPLEMENTARY INFORMATION: Copies of this Federal Register notice: 
Electronic copies of this Federal Register notice are available at 
http://www.regulations.gov. This Federal Register notice, as well as 
news releases and other relevant information, also are available at 
OSHA's Web page at http://www.osha.gov.
    Confirmation of the effective date: On November 20, 2014, OSHA 
published a direct final rule (DFR) in the Federal Register revising 
paragraphs (e)(1)(i) and (e)(1)(ii) of OSHA's Mechanical Power Presses 
Standard at 29 CFR 1910.217. The DFR revised paragraph (e)(1)(i) of 
OSHA's Mechanical Power Presses Standard at 29 CFR 1910.217 to require 
that employers perform and complete necessary maintenance and repair on 
their mechanical power presses, and to develop and maintain 
certification records of these tasks. The DFR also removed requirements 
from paragraph (e)(1)(ii) of this standard to develop and maintain 
certification records for weekly inspections and tests performed on 
mechanical power presses. The revisions made in this final rule 
maintain the safety previously afforded to employees by these 
provisions, while substantially reducing paperwork burden hours and 
cost to employers.
    In the DFR, OSHA stated that it would confirm the effective date of 
the DFR as a final rule if it received no significant adverse comments 
on the direct final rule or the proposal. OSHA received two comments, 
neither of which was a significant adverse comment (see ID: OSHA-2013-
0010-0003 and OSHA-2013-0010-004 in the docket for this rulemaking). 
Accordingly, OSHA is confirming the effective date of the final rule.
    The first commenter, Ms. Teresa Brown of University of Memphis, 
expressed concern that the proposed revisions would prevent employers 
from ascertaining whether employees who operate mechanical power 
presses received adequate training for these operations. In addition, 
Ms. Brown believed that the proposed revisions would require employers 
to use only computers to develop and maintain training records (ID: 
OSHA-2013-0010-0003). OSHA notes that the final rule does not revise 
the training requirements or the recordkeeping requirements for 
training specified in the Mechanical Power Presses Standard. In 
addition, the final rule does not revise the means that employers can 
use to meet the information-collection requirements specified by this 
standard. For recordkeeping purposes, the recordkeeping requirements 
specified by the final rule are still written in performance-oriented 
language, i.e., in terms of what information to collect rather than how 
to collect the information.
    Mr. Tim Hutchison submitted the second comment. Mr. Hutchison asked 
how would OSHA "know if [a] repair was not performed when noted" and 
"[h]ow will [OSHA] determine a `willful' violation" (ID: OSHA-2013-
0010-0004). In response to these questions, OSHA notes that paragraph 
(e)(1)(i) previously required employers to inspect all parts, auxiliary 
equipment, and safeguards of mechanical power presses on a periodic and 
regular basis, and to maintain certification records showing that they 
conducted the inspections; this provision did not require employers to 
perform any maintenance or repair tasks found necessary during the 
inspections, much less document such tasks. This final rule revises 
paragraph (e)(1)(i) to require that employers conduct periodic and 
regular inspections of each press and, before operating the press, 
perform and complete any maintenance or repair task found necessary 
during the inspections. In addition, employers must maintain 
certification records of inspections conducted and any maintenance and 
repairs performed during the inspections. These maintenance and repair 
records, supplemented by employee interviews, will permit OSHA to 
determine if an employer performed necessary maintenance and repairs on 
a press before operating it. The Agency will determine whether a 
violation of these requirements is willful based on OSHA's Field 
Operations Manual (FOM).\1\
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    \1\ See the FOM, CPL 02-00-150, Ch. 4, Sec.  V, pp. 4-28 to 4-29 
(Apr. 22, 2011), available on OSHA's Web page.
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List of Subjects in 29 CFR Parts 1910

    Mechanical power presses, Occupational safety and health, Safety.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Avenue NW., Washington, DC 20210, authorized the 
preparation of this final rule. OSHA is issuing this final rule 
pursuant to 29 U.S.C. 653, 655, and 657, 5 U.S.C. 553, Secretary of 
Labor's Order 1-2012 (77 FR 3912), and 29 CFR part 1911.

     Signed at Washington, DC, on April 14, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-08864 Filed 4-17-14; 8:45 am]
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