Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents
• Record Type: Safety Standards for Scaffolds Used in the Construction Industry
• Section: 7
• Title: Section 7 - VII. Recordkeeping

VII. Recordkeeping

The Agency has estimated the paperwork burden of the final rule entitled "Scaffolds Used in the Construction Industry" under the guidelines of the Paperwork Reduction Act of 1995. Under that Act, burden is defined as the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal Agency. The Agency has concluded that there is only one collection of information in the final rule on "Scaffolds Used in the Construction Industry" that potentially could create a burden [as defined above] for the construction industry. The collection of information in located in 1926.453(a)(2). This provision requires the employer to obtain a written certification from the manufacture of aerial lifts under certain specified conditions. In particular, the requirement reads as follows:

Aerial lifts may be "field modified" for uses other than those intended by the manufacturer provided the modification has been certified in writing by the manufacturer or by any other equivalent entity, such as a nationally recognized testing laboratory, to be in conformity with all the applicable provisions of the ANSI A92.2-1969 and this section and to be at least as safe as the equipment was before modification.

This provision was adopted by OSHA in May 1971 as an established Federal standard which had been promulgated by the Bureau of Labor Standards for the Construction Industry in April 1971. OSHA failed to identify this provision as subject to the Paperwork Reduction Act of 1995 (PRA-95) and did not obtain approval from OMB for this collection as required by PRA-95. This error was discovered in the course of preparing the final rule for Scaffolds Used in the Construction Industry. This provision, currently located in 1926.556(a)(2) is redesignated as 1926.453(a)(2) and removed unchanged from its present location in Subpart N to Subpart L (Scaffolds Used in the Construction Industry). Through this final rule, OSHA is soliciting comments on the burden associated with the collection. It is OSHA intent to review and analyze all comments received on the collection of information and then to seek proper approvals from OMB under PRA-95. Once approval is received, OSHA will publish a notice in the Federal Register to indicate the OMB Approval Number and the effective date of the provision.

Collections of Information: Request for Comments

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on the respondents can be properly assessed. Currently, OSHA is soliciting comments concerning the proposed approval for the paperwork requirements of 29 CFR part 1926, subpart L, Scaffolds used in the Construction Industry. Written comments should:

* Evaluate whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have a practical utility;

* Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

* Enhance the quality, utility, and clarity of the information to be collected; and

* Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

Background

OSHA in its final rule for Scaffolds Used in the Construction Industry is redesignating existing 1926.556 (subpart N), Aerial Lifts to 1926.453 (subpart L), Aerial Lifts because these type of equipment are, in fact, scaffolds. The existing regulation, 1926.556(a)(2), contained a requirement for manufacturer certification of "field modified" aerial lifts. This provision, along with the rest of 1296.556, is being redesignated 1926.453(a)(2) in this final rule.

OSHA believes that manufacturer certification of "field modified"

aerial lifts is necessary to ensure that modifications to these types of scaffolds will not adversely affect the strength, stability, or other characteristics necessary for their safe use.

Current Actions

This notice requests OMB approval of the paperwork requirements in Scaffolds Used in the Construction Industry (29 CFR 1926, subpart L).

Type of Review: New. Agency: Occupational Safety and Health Administration, U.S.

Department of Labor.

Title: Scaffolds Used in the Construction Industry (29 CFR 1926, subpart L).

OMB Number: 1218-AA40. Agency Docket No.: S-205. Frequency: On occasion. Affected Public: Business or other for-profit, Federal government, State and local governments.
Number of respondents: 10,000. Estimated Time per Respondent: 2 hours. Total Estimated Cost: $513,200. Total Burden Hours: 20,000. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request. They will also become a matter of public record.
[61 FR 46026, Aug. 30, 1996]

Regulations (Preambles to Final Rules) - Table of Contents Regulations (Preambles to Final Rules) - Table of Contents