[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28372]
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 the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in the Standard on the
Control of Hazardous Energy (Lockout/Tagout).
DATES: Comments must be submitted (postmarked, sent, or received) by
February 22, 2021.
Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the instructions online for submitting comments.
Facsimile: If your comments, including attachments, do not exceed
10 pages, you may fax them to the OSHA Docket Office at (202) 693-1648.
Regular mail, express delivery, hand (courier) delivery, and
messenger service: When using these methods, you must submit a copy of
your comments and attachments to the OSHA Docket Office, OSHA Docket
No. OSHA-2011-0033, Occupational Safety and Health Administration, U.S.
Department of Labor, Room N-3653, 200 Constitution Avenue NW,
Washington, DC 20210. Please note: While OSHA's Docket Office is
continuing to accept and process submissions by regular mail, due to
the COVID-19 pandemic, the Docket Office is closed to the public and
not able to received submissions to the docket by hand, express mail,
messenger, and courier service.
Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2011-0033).
Because of security-related procedures, submissions by regular mail may
result in a significant delay in receipt. OSHA will place comments and
requests to speak, including personal information, in the public
docket, which may be 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.
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 through the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
(202) 693-2222 to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone (202) 693-2222.
The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance process 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, the 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 OSHA to obtain
such information with a minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of effort in obtaining said
information (29 U.S.C. 657).
The Standard on the Control of Hazardous Energy (also referred to
as the ``Lockout/Tagout Standard''), 29 CFR 1910.147, contains several
information collection requirements, which are described below. 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
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
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 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
OSHA is requesting an adjustment decrease of 126,403.49 burden
hours (from 2,749,315 hours to 2,622,911.51 hours). This decrease is
the result of updated data showing a decrease in the number of affected
high-impact establishments (from 292,825 to 290,560 establishments). In
addition, OSHA is requesting an adjustment decrease of $102,032.08 in
operation and maintenance costs (from $1,472,686.00 to $1,370,653.92)
associated with the purchase of tags and ties by employers. This
decrease is also a result of updated data showing a reduction of the
number of high-impact establishments.
Type of Review: Extension of a currently approved collection.
Title: Standard on the Control of Hazardous Energy (Lockout/
OMB Control Number: 1218-0150.
Affected Public: Business or other for-profits.
Number of Respondents: 773,209.
Frequency: Initially; Annually; On occasion.
Average Time per Response: Varies.
Estimated Number of Responses: 69,257,657.
Estimated Total Burden Hours: 2,622,911.51.
Estimated Cost (Operation and Maintenance): $1,370,653.92.
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. Please
note: While OSHA's Docket Office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the docket by hand, express mail, messenger, and courier service. 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 electronic comments by
your name, date, and the docket number so that the agency can attach
them to your comments.
Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
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 at (202) 693-2350, (TTY (877) 889-5627)
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, Principal 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 December 18, 2020.
Principal Deputy Assistant Secretary of Labor for Occupational Safety
[FR Doc. 2020-28372 Filed 12-22-20; 8:45 am]
BILLING CODE 4510-26-P