[[Federal Register: April 6, 2011 (Volume 76, Number 66)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0057]
Excavations (Design of Cave-in Protection Systems); 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
contained in the Standard on Excavations (Design of Cave-in Protection
Systems) (29 CFR part 1926, subpart P).
DATES: Comments must be submitted (postmarked, sent, or received) by
June 6, 2011.
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
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
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, OSHA Docket No. OSHA-2011-0057,
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 OSHA
docket number for the Information Collection Request (ICR) (OSHA-2011-
0057). 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 Michael Buchet
at the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Michael Buchet, Directorate of
Construction, OSHA, U.S. Department of Labor, Room N-3468, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
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 (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 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).
Paragraphs (b) and (c) of Sec. 1926.652 ("Requirements for
Protective Systems"; the "Standard") contain paperwork requirements
that impose burden hours or costs on employers. These paragraphs
require employers to use protective systems to prevent cave-ins during
excavation work; these systems include sloping the side of the trench,
benching the soil away from the excavation, or
using a support system or shield (such as a trench box). The Standard
specifies allowable configurations and slopes for excavations, and
provides appendices to assist employers in designing protective
systems. However, paragraphs (b)(3) and (b)(4) of the Standard permit
employers to design sloping or benching systems based on tabulated data
(Option 1), or to use a design approved by a registered professional
engineer (Option 2).
Under Option 1, employers must provide the tabulated data in a
written form that also identifies the registered professional engineer
who approved the data and the parameters used to select the sloping or
benching system drawn from the data, as well as the limitations of the
data (including the magnitude and configuration of slopes determined to
be safe); the document must also provide any explanatory information
necessary to select the correct benching system based on the data.
Option 2 requires employers to develop a written design approved by a
registered professional engineer. The design information must include
the magnitude and configuration of the slopes determined to be safe,
and the identity of the registered professional engineer who approved
Paragraphs (c)(2), (c)(3), and (c)(4) allow employers to design
support systems, shield systems, and other protective systems based on
tabulated data provided by a system manufacturer (Option 3) or obtained
from other sources and approved by a registered professional engineer
(Option 4); they can also use a design approved by a registered
professional engineer (Option 5). If they select Option 3, employers
must complete a written form that provides the manufacturer's
specifications, recommendations, and limitations, as well as any
deviations approved by the manufacturer. The paperwork requirements of
Option 4 are the same as for Option 1. Option 5 requires a written form
that provides a plan indicating the sizes, types, and configurations of
the materials used in the protective system and the identity of the
registered professional engineer who approved the design.
Each of these provisions requires employers to maintain a copy of
the documents described in these options at the jobsite during
construction. After construction is complete, employers may store the
documents off-site provided they make them available to an OSHA
compliance officer on request. These documents provide both the
employer and the compliance officer with information needed to
determine if the selection and design of a protective system are
appropriate to the excavation work, thereby assuring employees of
maximum protection against cave-ins.
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
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
The Agency is requesting that OMB extend its approval of the
information collection requirements contained in the Standard on
Excavations (Design of Cave-in Protection Systems). OSHA is requesting
a decrease in burden hours from 20,022 to 11,822 (a total decrease of
8,200). This decrease is a result of a decline in the number of
residential starts from 1.4 million to 706,000 annually. The Agency is
also requesting a decrease in cost from $815,400 to $578,672 (a total
decrease of $236,728) as a result of the decline. The Agency 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 contained in the Standard.
Type of Review: Extension of a currently approved collection.
Title: Excavations (Design of Cave-in Protection Systems) (29 CFR
part 1926, subpart P).
OMB Number: 1218-0137.
Affected Public: Business or other for-profits.
Number of Respondents: 11,800.
Frequency of Response: On occasion.
Total Responses: 11,800.
Average Time per Response: Two hours to obtain information on the
design of cave-in protection systems.
Estimated Total Burden Hours: 11,822 hours.
Estimated Cost (Operation and Maintenance): $578,672.
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-2011-0057). 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 aboutsubmitting 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
David Michaels, 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. 4-2010 (75 FR
Signed at Washington, DC, on March 31, 2011.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-8120 Filed 4-5-11; 8:45 am]
BILLING CODE 4510-26-P