82 FR 50689 - 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

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 210 (November 1, 2017)

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).

[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50689-50691]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23743]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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).

DATES: Comments must be submitted (postmarked, sent, or received) by 
January 2, 2018.

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

[[Page 50690]]

three copies 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-3653, 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, 10:00 
a.m. to 3:00 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number (OSHA-2011-0033) 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 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 (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, 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 OSHA to 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 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) 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.
    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

[[Page 50691]]

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 an adjustment increase of 102,613 burden hours 
(from 2,646,702 hours to 2,749,315 hours). This increase is a result of 
updated data showing an increase in the number of affected low-impact 
establishments (from 435,063 establishments to 461,523 establishments). 
In addition, OSHA is requesting an adjustment increase of $52,265 in 
operation and maintenance costs (from $1,426,421 to $1,478,686) 
associated with the purchase of tags and ties by employers. This 
increase is also a result of updated data showing an increase in the 
number of affected low-impact establishments.
    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: 754,348.
    Frequency: Initially; Annually; On occasion.
    Average Time per Response: Various.
    Estimated Number of Responses: 75,072,010.
    Estimated Total Burden Hours: 2,749,315.
    Estimated Cost (Operation and Maintenance): $1,478,686.

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-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 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

    Loren Sweatt, 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. 1-2012 (77 FR 
3912).

    Signed at Washington, DC, on October 26, 2017.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-23743 Filed 10-31-17; 8:45 am]
 BILLING CODE 4510-26-P