[Federal Register Volume 62, Number 103 (Thursday, May 29, 1997)]
[Proposed Rules]
[Pages 29089-29090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14057]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. S-012-B]


Notice of Public Meeting on Review of the Control of Hazardous 
Energy Sources (Lockout/Tagout) Standard (29 CFR 1910.147)

AGENCY: Occupational Safety and Health Administration, U.S. Department 
of Labor.

ACTION: Notice of public meeting.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
conducting a review of the Control of Hazardous Energy Sources 
(Lockout/Tagout) standard in order to determine, consistent with 
Executive Order 12866 on Regulatory Planning and Review and section 610 
of the Regulatory Flexibility Act, whether this standard should be 
maintained without change, rescinded, or modified in order to make it 
more effective or less burdensome, consistent with the objectives of 
the Occupational Safety and Health Act. The review will consider the 
application of Executive Order 12866 and the directive of the 
Regulatory Flexibility Act to achieve statutory goals with as little 
economic impact as possible on small employers.
    Written public comments on all aspects of compliance with the 
Lockout/Tagout standard are welcomed. OSHA will also hold a 
stakeholder's meeting to provide an opportunity for interested parties 
to comment on whether the Lockout/Tagout standard should be eliminated, 
modified, or continued without change to obtain the objectives 
described above.

DATES: The public meeting will be held on Monday, June 30, 1997. The 
meeting will begin at 1 p.m. and is scheduled to end at 4 p.m. Written 
comments should be received by August 1, 1997 in the OSHA Docket Office 
at the address given below.

ADDRESSES: The public meeting will be held in Room N3437 of the Frances 
Perkins Building, 200 Constitution Avenue, NW., Washington, DC 20210.
    Requests to Appear and Written Comments: OSHA requests that any 
person wishing to appear at the public meeting notify OSHA in writing. 
To assure that time is provided for oral comments, the request should 
be received by OSHA no later than Monday, June 23, 1997, and should 
identify the person and/or organization intending to appear, address 
and phone/fax number, the amount of time requested, and a brief summary 
of the comments to be presented. Please send written requests to appear 
to Nancy Dorris at the following address: Office of Regulatory 
Analysis, Directorate of Policy, Occupational Safety and Health 
Administration, Room N3627, 200 Constitution Avenue, NW., Washington, 
DC 20210, Telephone (202) 219-4690, extension 134, Fax (202) 219-4383. 
Written comments should be received by August 1, 1997 in the OSHA 
Docket Office, Room N2625, 200 Constitution Avenue, NW., Washington, DC 
20210, Telephone (202) 219-7894. All comments received from interested 
parties will be included in Docket S-012-B, and will be available for 
public review in the OSHA Docket Office.
    Persons with disabilities who need special accommodations should 
contact Nancy Dorris, by Monday, June 23, 1997, at the address 
indicated below.

FOR FURTHER INFORMATION CONTACT: Nancy Dorris, Office of Regulatory 
Analysis, Directorate of Policy, Occupational Safety and Health 
Administration, Room N3627, 200 Constitution Avenue, NW., Washington, 
DC 20210, Telephone (202) 219-4690, extension 134, Fax (202) 219-4383.

SUPPLEMENTARY INFORMATION: In 1989, OSHA promulgated the Control of 
Hazardous Energy Sources (Lockout/Tagout) Standard (29 CFR 1910.147) 
(54 FR 36644, Sept. 1, 1989). The standard applies to general industry 
employment under 29 CFR part 1910, but does not cover maritime, 
agriculture, or construction employment. The standard addresses 
practices and procedures that are necessary to disable machinery or 
equipment and to prevent the release of potentially hazardous energy 
while maintenance and servicing activities are being performed.
    The Lockout/Tagout standard requires that lockout be utilized for 
equipment which is designed with a lockout capability except when the 
employer can demonstrate that utilization of tagout provides full 
employee protection. For equipment which was not designed to be locked 
out, the employer may use tagout. In addition, the standard also 
supplements and supports other lockout related provisions contained 
elsewhere in OSHA's general industry standards by requiring that 
comprehensive and uniform procedures be used to comply with those 
provisions. The standard contains definitive criteria for establishing 
an effective program for locking out or tagging out energy isolating 
devices and requires training for authorized and affected employees. 
The standard also requires the employer to implement the specified 
procedures and to utilize effective control measures based on the 
workplace hazards that are encountered.
    OSHA estimated in the Final Regulatory Impact Analysis for the 
Lockout/Tagout standard that the rule would prevent 122 fatalities, 
28,416 lost-workday injuries, and 31,926 non-lost-workday injuries 
annually. OSHA also estimated that the standard would have first-year 
costs of $214.3 million and annual costs of $135.4 million in 
successive years (54 FR 36644, Sept. 1, 1989).
    In its supplemental statement of reasons for the standard (58 FR 
16612, March 30, 1993), OSHA explained the statutory criteria that 
apply to safety standards rulemakings. The Agency must find, inter 
alia, that the standard

[[Page 29090]]

eliminates or substantially reduces a significant risk of material 
harm, that compliance is economically and technologically feasible, 
that the standard employs the most cost-effective measures that will 
achieve its regulatory goals, and that the standard is supported by 
substantial evidence in the record. See International Union, UAW v. 
OSHA, 37 F.3d 664 (1994) (upholding criteria).
    The purpose of the review is to determine whether the standard 
should be continued without change, rescinded, or amended to make it 
more effective or less burdensome, consistent with the objectives of 
the Occupational Safety and Health Act. The review will consider the 
application of Executive Order 12866 on Regulatory Planning and Review 
(58 FR 51735, 51739, Oct. 4, 1993) and the directive of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) to achieve statutory goals while 
imposing as little economic impact as possible on small employers. In 
the event the Agency determines, based on the results of this review, 
that the rule should be rescinded or modified, appropriate rulemaking 
will be initiated.
    An important step in the review process involves the gathering and 
analysis of information from affected persons about their experience 
with the rule and any material changes in circumstances since issuance 
of the rule. This notice requests written comments and announces a 
public meeting to provide an opportunity for interested parties to 
comment on the continuing need for, adequacy or inadequacy, and 
potential improvement of this rule, consistent with statutory 
objectives. Comment concerning the following subjects would assist the 
Agency in determining whether to retain the standard unchanged or to 
initiate rulemaking for purposes of revision or rescission:
    1. The benefits and utility of the rule in its current form and, if 
amended, in its amended form;
    2. Whether potentially effective and reasonably feasible 
alternatives to the standard exist;
    3. The continued need for the rule;
    4. The complexity of the rule;
    5. Whether and to what extent the rule overlaps, duplicates, or 
conflicts with other Federal, State, and local governmental rules;
    6. Information on any new developments in technology, economic 
conditions, or other factors affecting the ability of affected firms to 
comply with the Lockout/Tagout rule;
    7. Alternatives to the rule or portions of the rule that would 
minimize significant impacts on small businesses while achieving the 
objectives of the Occupational Safety and Health Act; and
    8. The effectiveness of the standard as implemented by small 
entities.
    Persons making timely written requests to speak at the public 
meeting will be given priority for oral comments, as time permits. 
Other persons wishing to speak should register at the meeting from 
12:30 to 1:00. OSHA will make every effort to accommodate individuals 
wishing to speak at the public meeting.

    Authority: This document was prepared under the direction of 
Gregory R. Watchman, Acting Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue, NW., 
Washington, DC 20210.

    Signed at Washington, DC, this 23rd day of May, 1997.
Gregory R. Watchman,
Acting Assistant Secretary.
[FR Doc. 97-14057 Filed 5-28-97; 8:45 am]
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