[Federal Register: February 15, 2011 (Volume 76, Number 31)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0029]
Underground Construction Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
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
specified in its Standard on Underground Construction (29 CFR
DATES: Comments must be submitted (postmarked, sent, or received) by
April 18, 2011.
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
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-2011-0029,
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-
0029). 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 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, andaccidents (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).
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 employees to the
presence of hazards or potential hazards at the job site, thereby
preventing employee 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 its 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 employees
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, and to ascertain the effectiveness of
controls (especially ventilation) and implement additional controls if
necessary. Accordingly, these requirements prevent serious injury and
death to employees who work on underground construction projects. In
addition, these records provide an efficient means for employees to
evaluate the accuracy and effectiveness of an employer's exposure
reduction program, and for OSHA compliance officers to determine that
employers performed the required tests and implemented appropriate
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 Underground
Construction (29 CFR 1926.800). The Agency is requesting to retain its
previous estimate of 57,949 burden hours.
Type of Review: Extension of a currently approved collection.
Title: Underground Construction Standard (29 CFR 1926.800).
OMB Number: 1218-0067.
Affected Public: Business or other for-profits; not-for profit
institutions; Federal government; State, local or Tribal governments.
Number of Respondents: 323.
Frequency: On occasion.
Average Time per Response: Varies from 30 seconds to read and
record air quality test results to one hour to inspect, load test, and
complete and maintain a certification record for a hoist.
Estimated Total Burden Hours: 57,949.
Estimated Cost (Operation and Maintenance): $117,000.
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-2011-0029). 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 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 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 55355).
Signed at Washington, DC, on February 10, 2011.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-3386 Filed 2-14-11; 8:45 am]
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