[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Notices]
[Pages 11664-11666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5485]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0150 (2004)]


Control of Hazardous Energy (Lockout/Tagout) Standard; Extension 
of the Office of Management and Budget's 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 requirements contained in the 
Control of Hazardous Energy (Lockout/Tagout) Standard (29 CFR 
1910.147). The Standard regulates control of hazardous energy using 
lockout or tagout procedures while employees service, maintain, or 
repair machines or equipment when activation, start up, or release of 
energy from an energy source is possible.

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received) 
by May 10, 2004.
    Facsimile and electronic transmission: Your comments must be 
received by May 10, 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 1218-0150(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., e.s.t.
    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 
Number ICR 1218-0150(2004), in your comments.
    Electronic:  You may submit comments, but not attachments, through

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the Internet at http://ecomments.osha.gov/.

II. Obtaining Copies of the Supporting Statement for the Information 
Collection Request

    The Supporting Statement for the Information Collection Request 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 Theda Kenney at 
(202) 693-2222.

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) 
693-2222.

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 Web page. Please note you cannot attach materials such as 
studies or journal articles to electronic comments. When 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, a significant delay may occur 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.

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 costs) is minimized, collection instruments 
are understandable, 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 Standard specifies several paperwork requirements. The 
following sections describe who uses the information collected under 
each requirement, as well as how they use it. The purpose of these 
requirements is to control the release of hazardous energy while 
employees service, maintain, or repair machines or equipment when 
activation, start up, or release of energy from an energy source is 
possible; proper control of hazardous energy prevents death and serious 
injury among these employees.
    Energy-Control Procedure (paragraph (c)(4)(i)). With limited 
exception, 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 when activation, start up, or release of 
stored energy from the energy source is possible, and such release 
could cause injury to the employees.
    Paragraph (c)(4)(ii) states that 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. The document must include at least 
the following elements: A specific statement regarding the use of the 
procedure; detailed procedural steps for shutting down, isolating, 
blocking, and securing machines or equipment to control hazardous 
energy, and for placing, removing, and transferring lockout or tagout 
devices, including the responsibility for doing so; and requirements 
for testing a machine or equipment to determine and verify the 
effectiveness of lockout or tagout devices, as well as other energy-
control measures.
    The employer uses 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.
    Periodic Inspection (c)(6)(ii). Under paragraph (c)(6)(i), 
employers are 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 also 
involves affected employees, and includes an assessment of the 
employees' knowledge of the training elements required for these 
systems. Paragraph (c)(6)(ii) requires employers to certify the 
inspection by documenting the date of the inspection, and identifying 
the machine or equipment and the employee who performed the inspection.
    Training and Communication (c)(7)(iv). Paragraph (c)(7)(i) 
specifies that employers must establish a training program that enables 
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. 
According to paragraph (c)(7)(ii), employers are to ensure that: 
Authorized employees recognize the applicable hazardous-energy sources, 
the type and magnitude of the energy available in the workplace, and 
the methods and means necessary for energy isolation and control; 
affected employees obtain instruction in the purpose and use of the 
energy-control procedure; and other employees who work, or may work, 
near operations using the energy-control procedure receive training 
about the procedure, as well as the prohibition regarding attempts to 
restart or reactivate machines or equipment having locks or tags to 
control energy release.
    When the employer uses a tagout system, the training program must 
inform employees that: Tags are warning labels affixed to energy-
isolating devices, and therefore do not provide the physical restraint 
on those devices that locks do; they are not to remove tags attached to 
an energy-isolating devices unless permitted to do so by the authorized 
employee responsible for the tag, and they are never to bypass, ignore, 
or in any manner defeat the tagout system; tags must be legible and 
understandable by authorized and affected employees, as well as other 
employees who work, or may work, near operations using the energy-
control procedure; the materials

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used for tags, including the means of attaching them, must withstand 
the environmental conditions encountered in the workplace; tag evoke a 
false sense of security, and employees must understand that tags are 
only part of the overall energy-control program; and they must attach 
tags securely to energy-isolating devices to prevent removal of the 
tags during use.
    Paragraph (c)(7)(iii) states that employers must retrain authorized 
and affected employees when a change occurs in: Their job assignments, 
the machines, equipment, or processes such that a new hazard is 
present; and the energy-control procedures. Employers also must provide 
retaining when they have reason to believe, or periodic inspection 
required under paragraph (c)(6) indicates, that deviations and 
inadequacies exist in an employee's knowledge or use of energy-control 
procedures. The retraining must reestablish employee proficiency and, 
if necessary, introduce new or revised energy-control procedures.
    Under paragraph (c)(7)(iv), employers are to 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.
    Training employees to recognize hazardous-energy sources and to 
understand the purpose and function of the energy-control procedures, 
and providing them with the knowledge and skills necessary to implement 
safe application, use, and removal of energy controls, 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, at the required 
frequencies.
    Notification of Employees (paragraph (c)(9)). This provision 
requires the employer 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 
reminder 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 employee isolates its energy source and renders 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.\1\
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    \1\ Paragraph (e)(2) requires similar notification; because of 
this similarity, the Agency is taking no burden hours or cost for 
this provision.
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    Outside Personnel (Contractors, etc.) (paragraph (f)(2)(i)). When 
the onsite employer uses an offsite employer (e.g., a 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. This provision ensures that 
onsite employers know about the unique energy-control procedures used 
by an offsite employer; this knowledge prevents any misunderstanding 
regarding the implementation of lockout or tagout procedures, including 
the use of lockout or tagout devices for a particular application.
    Disclosure of Inspection and Training Certification Records 
(paragraphs (c)(6)(ii) and (c)(7)). 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. The training records provide the 
most efficient means for an OSHA compliance officer to determine 
whether an employer has performed the required training at the 
necessary and appropriate frequencies.

III. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     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;
     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.

IV. Proposed Actions

    OSHA is proposing to extend the information collection requirements 
in the Control of Hazardous Energy (Lockout/Tagout) Standard (29 CFR 
1910.147). 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 collection requirements 
contained in the Standard * * *
    Type of Review: Extension of a currently approved information-
collection requirement.
    Title: The Control of Hazardous Energy (Lockout/Tagout) (29 CFR 
1910.147).
    OMB Number: 1218-0150.
    Affected Public: Business or other for-profit; not-for-profit 
institutions; State, local or tribal government; Federal government.
    Number of Respondents: 818,532.
    Frequency of Recordkeeping: Initially; annually, on occasion.
    Average Time per Response: Varies from 15 seconds (.004 hour) for 
an employer or authorized employee to notify affected employees prior 
to applying, and after removing, a lockout/tagout device from a machine 
or equipment to 80 hours for certain employers to develop energy-
control procedures.
    Total Annual Hours Requested: 3,421,527.

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 in Washington, DC on March 5, 2004.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 04-5485 Filed 3-10-04; 8:45 am]
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