[Federal Register Volume 68, Number 246 (Tuesday, December 23, 2003)]
[Notices]
[Pages 74258-74259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31550]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0197 (2004)]


Construction Fall Protection Plans and Training Requirements (29 
CFR 1926.502 and 1926.503); 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 comments concerning its proposal to extend OMB 
approval of the information collection requirement contained in the 
construction standard for fall protection. The Standard allows 
employers to develop alternative procedures to the use of conventional 
fall protection systems when the systems are infeasible or create a 
greater hazard. The alternative procedures (plan) must be written. 
Also, employers who use safety net systems may certify that the 
installation meets the standard's criteria in lieu of performing a 
drop-test on the net. In addition, employers are required to prepare 
training certification records for their employees. The plan and 
certification records ensure that employers comply with the 
requirements to protect workers from falls, which account for the 
largest number of fatalities among construction workers.

DATES: Comments must be submitted by the following dates:
    Hard Copy: Your comments must be submitted by (postmarked or 
received) by February 23, 2004.
    Facsimile and electronic transmission: Your comments must be 
received by February 23, 2004.

ADDRESSES:

I. Submission of Comments

    Regular mail, express delivery, hand-delivery, and messenger 
service: Submit your comments and attachments to the OSHA Docket 
Office, Docket No. ICR-1218-0197 (2004), Room N-2625, U.S. Department 
of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. OSHA 
Docket Office and Department of Labor hours of operation are 8:15 a.m. 
to 4:45 p.m. EST.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number of this document, Docket 
No. ICR-1218-0197 (2004), in your comments.
    Electronic. You may submit comments, but not attachments, through 
the Internet at http://ecomments.osha.gov.

II. Obtaining Copies of Supporting Statement for the Information 
Collection

    The Supporting Statement for the Information Collection is 
available for downloading from OSHA's Web site at http://www.osha.gov. 
The supporting statement is available for inspection and copying in the 
OSHA Docket Office, at the address listed above. A printed copy of the 
supporting statement can be obtained by contacting Todd Owen at (202) 
693-2222.

FOR FURTHER INFORMATION CONTACT: Noah Connell, Directorate of 
Construction, OSHA, U.S. Department of Labor, Room N-3467, 200 
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
2020.

SUPPLEMENTARY INFORMATION: 

I. Submission of Comments on This Notice and Internet Access to 
Comments and Submissions

    You may submit comments in response to this document by (1) hard 
copy, (2) FAX transmission (facsimile), or (3) electronically through 
the OSHA webpage. Please note you cannot attach materials such as 
studies or journal articles to electronic comments. If you have 
additional materials, you must submit three copies of them to the OSHA 
Docket Office at the address above. The additional materials must 
clearly identify your electronic comments by name, date, subject and 
docket number so we can attach them to your comments. Because of 
security-related problems there may be a significant delay in the 
receipt of comments by regular mail. Please contact the OSHA Docket 
Office at (202) 693-2350 for information about security procedures 
concerning the delivery of materials by express delivery, hand delivery 
and messenger service.

[[Page 74259]]

II. 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 cost) is minimal, collection instruments are 
clearly understood, and OSHA's estimate of the information collection 
burden is correct. The Occupational Safety and Health Act of 1970 (the 
Act) 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, and accidents (29 U.S.C. 657).
    The standards on Construction Fall Protection Systems Criteria and 
Practice (29 CFR 1926.502) and Training Requirements (29 CFR 1926.503) 
ensure that employers provide the required fall protection for their 
employees. Accordingly, these standards have the following paperwork 
requirements: Paragraphs (c)(4)(ii) and (k) of 29 CFR 1926.502, which 
specify certification of safety nets and development of fall-protection 
plans, respectively, and paragraph (b) of 29 CFR 1926.502, which 
requires employers to certify training records. The training-
certification requirement specified in paragraph (b) of 29 CFR 1926.503 
documents the training provided to employees potentially exposed to 
fall hazards. A competent person must train these employees to 
recognize fall hazards and in the use of procedures and equipment that 
minimize these hazards. An employer must verify compliance with this 
training requirement by preparing and maintaining a written 
certification record that contains the: Name or other identifier of the 
employee receiving the training; the date(s) of the training; and the 
signature of the competent person who conducted the training or of the 
employer.

III. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    [sbull] Whether the proposed information collection requirements 
are necessary for the proper performance of the Agency's functions to 
protect workers, including whether the information is useful;
    [sbull] 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;
    [sbull] The quality, utility, and clarity of the information 
collected; and
    [sbull] Ways to minimize the burden on employers who must comply; 
for example, by using automated or other technological information 
collection and transmission techniques.

IV. Proposed Actions

    OSHA is proposing to extend the information collection requirements 
in the Construction Fall Protection Plans and Records (29 CFR 1926.502 
and 1926.503). The Agency is proposing to increase the burden by 
149,895 hours, from 771,166 hours to 921,061 hours, mainly as a result 
of increasing the estimated number of fall protection plans. The fall 
protection plan and certification records of net drop test and training 
are needed to help employees identify fall hazards and to know which 
protective measures are to be used.
    OSHA 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 collection requirements contained in 
the Construction Fall Protection Plans and Records Standard.
    Type of Review: Extension of a currently-approved information 
collection requirement.
    Title: Construction Fall Protection Plans and Training Requirements 
in Construction (29 CFR 1926.502 and 1926.503).
    OMB Number: 1218-0197.
    Affected Public: Business or other for-profit.
    Number of Respondents: 100,080.
    Frequency: On occasion.
    Average Time Per Response: Varies (i.e., 5 minutes (.08 hour) to 
certify a safety net to 65 minutes to develop and write a fall-
protection plan).
    Estimated Total Burden Hours: 921,061.
    Estimated Cost (Operation and Maintenance): 0.

V. 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. 5-2002 (67 FR 65008).

    Signed at Washington, DC on December 17, 2003.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 03-31550 Filed 12-22-03; 8:45 am]
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