[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Pages 38919-38920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09973]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[OSHA-2011-0029]
Underground Construction Standard; 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 Underground
Construction Standard.
DATES: Comments must be submitted (postmarked, sent, or received) by
July 8, 2024.
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.
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-2011-0029) 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.
Seven paragraphs in the Underground Construction Standard (``the
Standard''), 29 CFR 1926.800, require employers to post warning signs
or notices during underground construction; these paragraphs are
(b)(3), (i)(3), (j)(1)(vi)(A), (m)(2)(ii), (o)(2), (q)(11), and
(t)(1)(iv)(B). The warning signs and notices required by these
paragraphs enable employers to effectively alert workers to the
presence of hazards or potential hazards at the job site, thereby
preventing worker exposure to hazards or potential hazards associated
with underground construction that could cause death or serious harm.
Paragraph (t)(3)(xxi) of the Standard requires employers to inspect
and load test hoists when they install them, and at least annually
thereafter. They must also inspect, and load test a hoist after making
any repairs or alterations to it that affect the structural integrity,
and after tripping a safety device on the hoist. Employers must also
prepare a certification record of each inspection and load test that
includes specified information and maintain the most recent
certification record until they complete the construction project.
Establishing and maintaining a written record of the most recent
inspection and load test alerts equipment mechanics to problems
identified during the inspection. Prior to returning the equipment to
service, employers can review the records to ensure that the mechanics
performed the necessary repairs and maintenance. Accordingly, by using
only equipment that is in safe working order, employers will prevent
severe injury and death to the equipment operators and other workers
who work near the equipment. In addition, these records provide the
most efficient means for OSHA compliance officers to determine that an
employer performed the required inspections and load tests, thereby
assuring that the equipment is safe to operate.
Paragraph (j)(3) of the Standard mandates that employers develop
records for air quality tests performed under paragraph (j), including
air quality tests required by paragraphs (j)(1)(ii)(A) through
(j)(1)(iii)(A), (j)(1)(iii)(B), (j)(1)(iii)(C), (j)(1)(iii)(D),
(j)(1)(iv), (j)(1)(v)(A), (j)(1)(v)(B), and (j)(2)(i) through
(j)(2)(v). Paragraph (j)
also requires that air quality records include specified information,
and that employers maintain the records until the underground
construction project is complete. They must also make the records
available to OSHA compliance officers on request.
Maintaining records of air quality tests allows employers to
document atmospheric hazards, ascertain the effectiveness of controls
(especially ventilation) and implement additional controls if
necessary. Accordingly, these requirements prevent serious injury and
death to workers who work on underground construction projects. In
addition, these records provide an efficient means for workers to
evaluate the accuracy and effectiveness of an employer's exposure
reduction program, and for OSHA compliance officers to determine those
employers performed the required tests and implemented appropriate
controls.
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 Underground Construction Standard.
The agency is requesting an adjustment increase in burden hours from
77,616 hours to 77,618 hours, a difference of 2 hours. This slight
increase is due the result of a rounding inconsistency.
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: Underground Construction Standard.
OMB Control Number: 1218-0067.
Affected Public: Business or other for-profits.
Number of Respondents: 461.
Number of Responses: 1,172,939.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 77,618.
Estimated Cost (Operation and Maintenance): $165,600.
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; (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 (OSHA-2011-0029). You may supplement electronic submission by
uploading document files electronically.
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 from this
website. All submission, 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 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 May 2, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-09973 Filed 5-7-24; 8:45 am]
BILLING CODE 4510-26-P
