[Federal Register: March 28, 2007 (Volume 72, Number 59)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0037]
Construction Fall Protection Systems Criteria and Practices and
Training Requirements; Extension of the Office of Management and
Budget's (OMB) Approval of Information Collection (Paperwork)
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comment.
SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirements
contained in the construction standards on Fall Protection Systems
Criteria and Practices (29 CFR 1926.502) and Training Requirements (29
CFR 1926.503). The Fall Protection Systems Criteria and Practices
Standard allows employers to develop alternative procedures to the use
of conventional fall protection systems when the systems are infeasible
or create a greater hazard. The alternative procedures (plan) must be
written. Also, employers who use safety net systems may certify that
the installation meets the Standard's criteria in lieu of performing a
drop-test on the net. The Training Requirements Standard requires
employers to prepare training certification records for their
employees. The plan and certification records ensure that employers
comply with the requirements to protect employees from falls.
DATES: Comments must be submitted (postmarked, sent, or received) by
May 29, 2007.
ADDRESSES: You may submit comments by any of the following methods:
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 three copies of your comments
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-
0037, U.S. Department of Labor, 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.-4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and OSHA
docket number for this ICR (OSHA Docket No. OSHA-2007-0037). 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 website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You also may contact Todd Owen at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Jamaa N. Hill 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.
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 minimized, collection instruments are understandable, and OSHA's
estimate of the information collection burden is correct. The
Occupational Safety and Health Act of the 1970 (the Act) 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 Standards on Construction Fall Protection Systems Criteria and
Practices (29 CFR 1926.502) and Training Requirements (29 CFR 1926.503)
ensure that employers provide the required fall protection for their
employees. Accordingly, these standards have the following paperwork
requirements: Paragraphs (c)(4)(ii) and (k) of 29 CFR 1926.502, which
specify certification of safety nets and development of fall protection
plans, respectively, and paragraph (b) of 29 CFR 1926.502, which
requires employers to certify training records. The training
certification requirement specified in paragraph (b) of 29 CFR 1926.503
documents the training provided to employees potentially exposed to
fall hazards. A competent person must train these employees to
recognize fall hazards and in the use of procedures and equipment that
minimize these hazards. An employer must verify compliance with this
training requirement by preparing and maintaining a written
certification record that contains the: Name or other identifier of the
employee receiving the training; the date(s) of the training; and the
signature of the competent person who conducted the training or of the
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 that OMB extend its approval of the collection
of information requirements contained in the construction standards on
Fall Protection Systems Criteria and Practices (29 CFR 1926.502) and
Training Requirements (29 CFR 1926.503). OSHA is requesting a 396,975
hour reduction, from 894,394 hours to 497,419 as a result of new
information indicating estimates that of the number of safety net
certifications, safety net installations, and fall protection plans
should be lowered. The Agency will summarize the comments submitted in
response to this notice, and will include this summary in its request
to OMB to extend the approval of these information collection
Type of Review: Extension of a currently approved information
Title: Construction Fall Protection Systems Criteria and Practices
(29 CFR 1926.502) and Training Requirements (29 CFR 1926.503).
OMB Number: 1218-0197.
Affected Public: Business or other for-profit.
Number of Respondents: 301,178.
Frequency of Recordkeeping: On occasion.
Total Responses: 6,039,818.
Average Time per Response: Time per response ranges from 5 minutes
(.08 hour) to certify a safety net to 1 hour to develop a fall
Estimated Total Burden Hours: 497,419.
Estimated Cost (Operation and Maintenance): $0.
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; or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for this ICR (OSHA-2007-0037). 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 full name, date, and 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 website, and for assistance in
using the internet to locate docket submissions.
Electronic copies of this Federal Register document are available
at http://www.regulations.gov. This document, as well as news releases
and other relevant information, also are available at OSHA's Web page
V. Authority and Signature
Edwin G. Foulke, Jr., 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. 5-2002 (67 FR
Signed at Washington, DC on March 20, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
[FR Doc. E7-5597 Filed 3-27-07; 8:45 am]
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