Walking and Working Surfaces Standard for General Industry; Extension of the Office of Management and Budget's (OMB) Approval of the Information Collection (Paperwork) Requirements | Occupational Safety and Health Administration

Publication Date:

07/25/2019
Publication Type:

Notice
Fed Register #:
84:35888-35889
Standard Number:

1910.23(b)(10)

1910 Subpart D

1910.27(b)(1)(i)

1910.27(b)(1)(ii)

1910.145

1926.502(k)

1926.503(a)

1926.503(c)
Title:

Walking and Working Surfaces Standard for General Industry; Extension of the Office of Management and Budget's (OMB) Approval of the Information Collection (Paperwork) Requirements

[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Notices]
[Pages 35888-35889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15813]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0002]

Walking and Working Surfaces Standard for General Industry;
Extension of the Office of Management and Budget's (OMB) Approval of
the 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 the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in the Walking and
Working Surfaces Standard for General Industry.

DATES: Comments must be submitted (postmarked, sent, or received) by
September 23, 2019.

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 a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2013-0002, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the OSHA Docket Office's normal business hours, 10:00
a.m. to 3:00 p.m., ET.
Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2013-0002) for the Information Collection Request
(ICR). 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 above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may contact Theda Kenney at the
phone number below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of
Standards and Guidance, OSHA, U.S. Department of Labor, Washington, DC
20210; telephone (202) 693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance 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 (PRA-95) (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 OSH Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires that OSHA obtain such
information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the extent possible
unnecessary duplication of efforts in obtaining information (29 U.S.C.
657).
The collection of information contained in the Walking and Working
Surfaces Standard for General Industry is necessary to protect workers
from slip, trip, and fall hazards; increases compliance flexibility for
employers; incorporates advances in industry best practices, national
consensus standards, and technology since OSHA adopted the standard in
1971; and provides greater consistency between subpart D and
construction standards. The following describes the information
collection requirements in subpart D.
Paragraph 1910.23(b)(10) requires that the employer ensure that any
ladder with structural or other defects be immediately tagged with
``Dangerous: Do Not Use'' or with similar language in accordance with
Sec. 1910.145 and removed from service until ``repaired . . . or
replaced.'' The information will alert employers and workers that the
ladder is not safe and must not be used.
Paragraph 1910.27(b)(1)(i) requires that before any rope descent
system is used, the building owner inform the employer in writing that
the building owner has identified, tested, certified, and maintained
each anchorage so it is capable of supporting at least 5,000 pounds
(268 kg), in any direction for each employee attached. The information
must be based on an annual inspection by a qualified person and
certification of each anchorage by a qualified person, as necessary,
and at least every 10 years. The information will assure employers and
workers that the building owner has inspected, tested and certified the
anchorage, which the employer may not own or have any control over, as
safe to use. Paragraph 1910.27(b)(1)(ii) requires that the employer
ensure that no employee uses any anchorage before the employer has
obtained written information from the building owner indicating that
each anchorage meets the requirements of Sec. 1910.27(b)(1)(i). The
employer must keep the information for the duration of the job. The
information will assure employers and workers that the anchorage, which
the employer may not own or have any control over, is safe to use.
Paragraph 1910.28(b)(1)(ii) that requires when the employer can
demonstrate that it is not feasible or creates a greater hazard to use
guardrail, safety net, or personal fall protection systems on
residential roofs, the employer must develop and implement a fall
protection plan that meets the requirements of 29 CFR 1926.502(k) and
training that meets the requirements of 29 CFR 1926.503(a) and (c).

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 approval of the information
collection requirements contained in the Walking and Working Surfaces
Standard for General Industry (29 CFR part 1910, subpart D). OSHA is
requesting an adjustment decrease in the burden hours from 498,803
hours to 498,640 hours, a difference of 163 hours. The decrease is due
to the change in the methodology of the calculations. 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: Walking and Working Surfaces for General Industry (29 CFR
1910, subpart D).
OMB Control Number: 1218-0199.
Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
Number of Respondents: 487,500.
Frequency of Response: On occasion.
Average Time per Response: Various.
Estimated Total Burden Hours: 498,640 hours.
Estimated Cost (Operation and Maintenance): $54,697,500.

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-2013-0002). 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 http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available through the website, and for assistance in using the internet
to locate docket submissions.

V. Authority and Signature

Loren Sweatt, Acting 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 July 19, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-15813 Filed 7-24-19; 8:45 am]
BILLING CODE 4510-26-P