[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Notices]
[Pages 34274-34276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09191]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0033]
Hazardous Energy Control Standard (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 the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Hazardous Energy
Control Standard (Lockout/Tagout).
DATES: Comments must be submitted (postmarked, sent, or received) by
July 1, 2024.
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.
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov. Documents in the docket 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 websites. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY
(877) 889-5627) for assistance in locating docket submissions.
Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2011-0033) for the Information Collection Request
(ICR). OSHA will place all comments, including any personal
information, in the public docket, which may be made available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as social security numbers and birthdates.
For further information on submitting comments, see the ``Public
Participation'' heading in the section of this notice titled
``SUPPLEMENTARY INFORMATION.''
FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of
Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202)
693-2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of the 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) (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, the collection instruments are clearly understood, and
OSHA's estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (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 maximum extent feasible unnecessary duplication of effort in
obtaining information (29 U.S.C. 657).
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 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 prevents 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 specific statement regarding the use of the
procedure; detailed procedural steps for shutting down, isolating,
blocking, and securing machines or equipment to control hazardous
energy; detailed procedural steps for placing, removing, and
transferring lockout or tagout devices, including the responsibility
for doing so; and 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 procedure
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.
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 to
protect workers, 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, and
transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend the approval of the information
collection requirements contained in the Hazardous Energy Control
Standard (Lockout/Tagout). The agency is requesting an adjustment
increase in burden hours from 2,622,912 hours to 2,732,064 hours, a
difference of 109,152 hours. This increase is due to the increase in
the number of establishments from 773,209 to 806,890.
OSHA 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 requirements.
Type of Review: Extension of a currently approved collection.
Title: Hazardous Energy Control Standard (Lockout/Tagout).
OMB Control Number: 1218-0150.
Affected Public: Business or other for-profits.
Number of Respondents: 806,890.
Number of Responses: 73,530,405.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 2,732,064.
Estimated Cost (Operation and Maintenance): $1,442,985.
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; or (2) by facsimile (fax), if your comments,
including attachments, are not longer than 10 pages you may fax them to
the OSHA Docket Office at 202-693-1648. 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
submission by uploading document files electronically.
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
dates 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
website. All submission, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the https://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 at (202) 693-2350, (TTY (877) 889-5627)
for information about materials not available from the website, and for
assistance in using the internet to locate docket submissions.
V. Authority and Signature
James S. Frederick, Deputy 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. 8-2020
(85 FR 58393).
Signed at Washington, DC, on April 23, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-09191 Filed 4-29-24; 8:45 am]
BILLING CODE 4510-26-P
