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||Underground Construction Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07630]
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's 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
June 6, 2014.
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, 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 the
OSHA docket number (OSHA-2011-0029) for the Information Collection
Request (ICR). 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 materials 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
publically available to read or download from the Web site. All
submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. You may contact Theda
Kenney at the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Todd Owen or Theda Kenney, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
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 accord with the Paperwork Reduction Act of
1995 (PRA-95) (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 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 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 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 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 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, and to 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 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 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 increase of 8,982 burden hours
(from 57,949 to 66,931 burden hours). The adjustment increase is a
result of an increase in the number of construction projects from 323
to 361. In addition, there is an increase in the cost from $117,000 to
$129,600 (an increase of $12,600). This cost increase is the result of
additional construction projects. The Agency 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
Type of Review: Extension of a currently approved collection.
Title: Underground Construction Standard (29 CFR 1926.800).
OMB Control Number: 1218-0067.
Affected Public: Business or other for-profits; not-for-profit
institutions; Federal government; State, local or Tribal governments.
Number of Responses: 1,078,029.
Frequency of Responses: 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: 66,931.
Estimated Cost (Operation and Maintenance): $129,600.
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 http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other materials 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 publically available to read or download from 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 from the Web site, and for assistance in using the Internet
to locate docket submissions.
V. Authority and Signature
David Michaels, Ph.D., MPH, 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 April 1, 2014.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-07630 Filed 4-4-14; 8:45 am]
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