[Federal Register Volume 66, Number 249 (Friday, December 28, 2001)]
[Notices]
[Pages 67321-67323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31964]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0150(2002)]


Standard on the Control of Hazardous Energy sources (Lockout/
Tagout) (29 CFR 1910.147); Extension of the Office of Management and 
Budget's (OMB) Approval of Information-Collection (Paperwork) 
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for comment.

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SUMMARY: OSHA solicits comment concerning its proposal to decrease the 
existing burden-hour estimates for, and to extend OMB approval of, the 
information-collection requirements of the Standard on the Control of 
Hazardous Energy Sources (Lockout/Tagout) (29 CFR 1910.147)\1\ This 
standard regulates control of hazardous energy sources using lockout or 
tagout procedures while employees service, maintain, or repair machines 
or equipment if activation, start up, or release of energy from the 
energy source is possible. The paperwork requirements of the standard 
specify that employers must ensure that employees use these energy-
control procedures effectively and safely,

[[Page 67322]]

thereby preventing death and serious injury caused by uncontrolled 
release of hazardous energy.
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    \1\ Based on its assessment of the paperwork requirements 
contained in this standard, the Agency estimates that the total 
burden hours decreased compared to its previous burden-hour 
estimate. Under this notice, OSHA is not proposing to revise these 
paperwork requirements in any substantive manner, only to decrease 
its estimate of the burden hours imposed by the existing paperwork 
requirements.

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DATES: Submit written comments on or before February 26, 2002.

ADDRESSES: Submit written comments to the Docket Office, Docket No. 
ICR-1218-0150(2002), OSHA, U.S. Department of Labor, Room N-2625, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2350. Commenters may transmit written comments of 10 pages or less by 
facsimile to (202) 693-1648.

FOR FURTHER INFORMATION CONTACT: Theda Kenney, Directorate of Safety 
Standards Programs, OSHA, U.S. Department of Labor, Room N-3609, 200 
Constitution Avenue, N.W., Washington, DC 20210; telephone (202) 693-
2222. A copy of the Agency's Information-Collection Request (ICR) 
supporting the need for the information collections specified by the 
standard is available for inspection and copying in the Docket Office, 
or by requesting a copy from Theda Kenney at (202) 693-2222, or Todd 
Owen at (202) 693-2444. For electronic copies of the ICR, contact OSHA 
on the Internet at http://www.osha.gov, and select ``Information 
Collection Requests.''

SUPPLEMENTARY INFORMATION:

I. Background

    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 (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 understandable, and OSHA's 
estimate of the information-collection burden is correct.
    OSHA's Standard on the Control of Hazardous Energy (Lockout/Tagout) 
(29 CFR 1910.147; the ``Standard'') contains the following paperwork 
requirements:
     Paragraph (c)(4). Employers must document the procedures 
used to isolate from its energy source, and render inoperative, any 
machine or equipment prior to servicing, maintenance, or repair by 
employees. These procedures are necessary if activation, start up, or 
release of stored energy from the energy source is possible, and such 
release could cause injury to the employees. The required documentation 
must clearly and specifically outline the scope, purpose, 
authorization, rules, and techniques employees are to use to control 
hazardous energy, and the means to enforce compliance, and include a 
number of elements specified by this paragraph.
    The employer will use the information in this document as the basis 
for informing and training employees about the purpose and function of 
the energy-control procedures, and the safe application, use, and 
removal of energy controls. In addition, this information enables 
employers to effectively identify operations and processes in the 
workplace that require energy-control procedures.
     Paragraph (c)(6)(ii). The Standard requires employers to 
conduct inspections of energy-control procedures at least annually. An 
authorized employee (other than an authorized employee using the 
energy-control procedure that is the subject of the inspection) is to 
conduct the inspection and correct any deviations or inadequacies 
identified. For procedures involving either lockout or tagout, the 
inspection must include a review, between the inspector and each 
authorized employee, of that employee's responsibilities under the 
procedure; for procedures using tagout systems, the review is to assess 
the employee's knowledge of the training elements required for these 
systems. Under paragraph (c)(6)(ii), employees must certify the 
inspection by documenting the date of the inspection, and identifying 
the machine or equipment inspected and the employee who performed the 
inspection.
    The inspection records provide employers with assurance that 
employees can safely and effectively service, maintain, and repair 
machines and equipment covered by the Standard. These records also 
provide the most efficient means for an OSHA compliance officer to 
determine that an employer is complying with the Standard, and that the 
machines and equipment are safe for servicing, maintenance, and repair.
     Paragraph (c)(7)(iv). Under this paragraph, employers must 
certify that employees completed the required training, and that this 
training is up-to-date; the certification is to contain each employee's 
name and the training date. The training program is to enable employees 
to understand the purpose and function of the energy-control 
procedures, and provides them with the knowledge and skills necessary 
for the safe application, use, and removal of energy controls. It 
specifies a number of elements that employers are to include in the 
training program for authorized and affected employees, and other 
employees who work, or may work, near operations using the energy-
control procedure. If the employer uses a tagout system, the training 
program must inform employees of the limitations of tagging systems 
specified by the Standard. Employers must retrain authorized and 
affected employees if: A change occurs in their job assignments, the 
machines, equipment, or processes such that a new hazard is present; 
the employer revises the energy-control procedures; employers have 
reason to believe, or the periodic inspection required under paragraph 
(c)(6) indicates, that deviations and inadequacies exist in an 
employee's knowledge or use of energy-control procedures.
    Training provides employees with the knowledge and skills necessary 
for implement safe application, use, and removal of energy controls, 
and enables them to prevent serious accidents by using appropriate 
control procedures in a safe manner to isolate these hazards. In 
addition, written certification of the training assures the employer 
that employees receive the training specified by the Standard, and that 
retraining occurs as necessary. These records also provide the most 
efficient means for an OSHA compliance officer to determine whether or 
not an employer performed the required training at the necessary and 
appropriate frequencies.
     Paragraph (c)(9). This provision requires the employer or 
authorized employee to notify affected employees prior to applying, and 
after removing, a lockout or tagout device from a machine or equipment. 
Such notification informs employees of the impending interruption of 
the normal production operation, and serves as a remainder of the 
restrictions imposed on them by the energy-control program. In 
addition, this requirement ensures that employees do not attempt to 
reactivate a machine or piece of equipment after an authorized 
employees isolated its energy source and rendered it inoperative. 
Notifying employees after removing an energy-control device alerts them 
that the machines and equipment are no longer safe for servicing, 
maintenance, and repair.
     Paragraph (f)(2). If an onsite employer uses an offsite 
employer (e.g., contractor) to perform the activities covered by the 
scope and application of the Standard, the two employers must inform 
each other regarding their respective lockout or tagout procedures. 
Onsite employers must ensure their employees understand and comply with 
the restrictions and prohibitions of the offsite employers' energy-
control

[[Page 67323]]

programs. This provision provides employees of onsite employers with 
information about the unique energy-control procedures used by an 
offsite employer; this information prevents any misunderstanding by 
either plant employees or outside service personnel regarding the use 
of lockout or tagout procedures in general, and the use of specific 
lockout or tagout devices selected or a particular application.

II. Special Issues for Comment

    OSHA has a particular interests 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 
collected; and
     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 proposing to decrease the existing burden-hour estimate 
for, and to extend OMB's approval of, the paperwork requirements 
specified by the Standard. The Agency is proposing to reduce the total 
burden-hour estimate from 1,236,149 hours to 1,109,637 hours, a total 
decrease of 126,512 hours. This decrease in burden hours results in 
large part from reducing the number of establishments required to 
update energy-control programs and to inspect energy-control 
procedures. In addition, capital costs are rising from $0 to 
$14,582,134 because OSHA is accounting for the cost of purchasing new, 
and replacing worn or damaged, locks and tags, as well as replacing the 
means of attaching tags to an energy source (e.g., nylon cable ties). 
The Agency will summarize the comments submitted in response to this 
notice, and will include this summary in its request to OMB to extend 
the approval of these information-collection requirements.
    Type of Review: Extension of a currently-approved information-
collection requirement.
    Title: Standard on the Control of Hazardous Energy Sources 
(Lockout/Tagout) (29 CFR 1910.147).
    OMB Number: 1218-0150.
    Affected Public: Business or other for-profit; Not-for-profit 
institutions; Federal government; State, local, or tribal governments.
    Number of Respondents: 2,351,014.
    Frequency of Recordkeeping: On occasion; annually; other 
(initially).
    Average Time per Response: Varies from five seconds (.001 hour) to 
notify an employer after removing a lockout or tagout device, to two 
and one-half hours (2.50 hours) to develop and document an energy-
control procedure.
    Total Annual Hours Requested: 1,109,637.
    Total Annual Costs (O&M): $14,582,134.

IV. Authority and Signature

    John L. Henshaw, 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), and Secretary of Labor's Order No. 3-2000 (62 FR 50017).

    Signed at Washington, DC, on December 21th, 2001.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 01-31964 Filed 12-27-01; 8:45 am]
BILLING CODE 4510-26-M