[Federal Register: November 21, 2007 (Volume 72, Number 224)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0079]
Standard on Fire Brigades; 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 comment concerning its proposal to extend
OMB approval of the information collection requirements specified in
its Standard on Fire Brigades (29 CFR 1910.156).
DATES: Comments must be submitted (postmarked, sent, or received) by
January 22, 2008.
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-
0079, 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 ICR (OSHA-2007-0079). 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 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)
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)(1), (b)(2), (c)(1), (c)(2), and (c)(4) contain the
paperwork requirements of the Standard.
Under paragraph (b)(1) of the Standard, employers must develop and
maintain an organizational statement that establishes the: Existence of
a fire brigade; the basic organizational structure of the brigade;
type, amount, and frequency of training provided to brigade members;
expected number of members in the brigade; and functions that the brigade
is to perform. This paragraph also specifies that the organizational
statement must be available for review by employees, their designated
representatives, and OSHA compliance officers. The organizational statement
delineates the functions performed by the brigade members and, therefore,
determines the level of training and type of personal protective
equipment (PPE) necessary for these members to perform their assigned
functions safely. Making the statement available to employees, their
designated representatives, and OSHA compliance officers ensures that
the elements of the statement are consistent with the functions
performed by the brigade members and the occupational hazards they
experience, and that employers are providing training and PPE
appropriate to these functions and hazards.
To permit an employee with known heart disease, epilepsy, or
emphysema to participate in fire-brigade emergency activities,
paragraph (b)(2) of the Standard requires employers to obtain a
physician's certificate of the employee's fitness to do so. This
provision provides employers with a direct and efficient means of
ascertaining whether or not they can safely expose employees with these
medical conditions to the hazards of fire-fighting operations.
Paragraph (c)(1) of the Standard requires employers to provide
training and education for fire-brigade members commensurate with the
duties and functions they perform, with brigade leaders and training
instructors receiving more comprehensive training and education than
employers provide to the general membership. Under paragraph (c)(2) of
the Standard, employers must conduct training and education frequently
enough, but at least annually, to assure that brigade members are able
to perform their assigned duties and functions satisfactorily and
safely; employers must provide brigade members who perform interior
structural fire fighting with educational and training sessions at
least quarterly. In addition, paragraph (c)(4) specifies that employers
must: Inform brigade members about special hazards such as storage and
use of flammable liquids and gases, toxic chemicals, radioactive
sources, and water-reactive substances that may be present during fires
and other emergencies; advise brigade members of changes in the special
hazards; and develop written procedures that describe the actions
brigade members must take when special hazards are present, and make
these procedures available in the education and training program and
for review by the brigade members.
Providing appropriate training to brigade members at the specified
frequencies, informing them about special hazards, developing written
procedures on how to respond to special hazards, and making these
procedures available for training purposes and review by the members
enables them to use operational procedures and equipment in a safe
manner to avoid or control dangerous exposures to fire related hazards.
Therefore, the training and information requirements specified by
paragraphs (c)(1), (c)(2), and (c)(4) of the Standard prevent serious
injuries and death among members of fire brigades.
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 information
collection requirements contained in the Standard on Fire Brigades (29
CFR 1910.156). The Agency is requesting an adjustment decrease from
6,042 hours to 5,048 hours for a total decrease of 994 hours. The
decrease is a result of updated data estimating that the total number
of establishments requiring new or revised organizational statements
has declined from 2,797 to 2,337; and that the number of fire brigade
members has declined from 559,390 to 467,330. The Agency will summarize
the comments submitted in response to this notice and will include this
summary in the request to OMB.
Type of Review: Extension of a currently approved collection.
Title: Standard on Fire Brigades (29 CFR 1910.156).
OMB Number: 1218-0075.
Affected Public: Business or other for-profit.
Number of Respondents: 7,010.
Frequency: On occasion.
Average Time Per Response: Varies from 5 minutes (.05 hour) to
obtain a physician's certificate to 2 hours to develop or revise an
Estimated Total Burden Hours: 5,048.
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 (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-2007-0079). 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
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. 5-2007 (72 FR
Signed at Washington, DC, on November 15, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E7-22706 Filed 11-20-07; 8:45 am]
BILLING CODE 4510-26-P