[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Notices]
[Pages 4941-4943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-844]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR 1218-0200(2006)]


Process Safety Management of Highly Hazardous Chemicals Standard; 
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 public comment.

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SUMMARY: OSHA solicits public comment concerning its request for an 
extension of the information collection requirements specified by its 
Process Safety Management of Highly Hazardous Chemicals Standard (29 
CFR 1910.119).

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted by March 31, 2006.
    Facsimile and electronic transmission: Your comments must be 
received by March 31, 2006.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0200(2006), by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger 
service: Submit your comments and attachments to the OSHA Docket 
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, 
NW., Washington, DC 20210; telephone (202) 693-2350 (OSHA's TTY number 
is (877) 889-5627). OSHA Docket Office and Department of Labor hours 
are 8:15 a.m. to 4:45 p.m., e.t.
    Facsimile: If your comments are 10 pages or fewer in length, 
including attachments, you may fax them to the OSHA Docket Office at 
(202) 693-1648.
    Electronic: You may submit comments through the Internet at http://ecomments.osha.gov. Follow instructions on the OSHA Web page for 
submitting comments.
    Docket: For access to the docket to read or download comments or 
background materials, such as the complete Information Collection 
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and 
attachments), go to OSHA's Web page at http://www.OSHA.gov. In 
addition, the ICR, comments and submissions are available for 
inspection and copying at the OSHA Docket Office at the address above. 
You may also contact Theda Kenney at the address below to obtain a copy 
of the ICR. For additional information on submitting comments, please 
see the ``Public Participation'' heading in the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate 
of Standards and Guidance, OSHA, Room N-3609, 200 Constitution Avenue, 
NW., Washington, DC 20210, telephone: (202) 693-2222.

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 clearly understood, and OSHA's 
estimate of the information collection burden is accurate. The 
Occupational Safety and Health Act of 1970 (the Act) (29 U.S.C. 651 et 
seq.) 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 collections of information in the Standard are necessary for 
implementation of the requirements of the standard. The information is 
used by employers to assure that processes using highly hazardous 
chemicals with the potential of a catastrophic release are operated as 
safely as possible. The employer must thoroughly consider all facets of 
a process, as well as the involvement of employees in that process. 
Employers analyze processes so that they identify and control problems 
that could lead to a major release, fire, or explosion. The following 
sections describe who uses the information collected under each 
requirement, as well as how they use it.
    (A) Employee Participation (paragraph (c)). Employers are required 
by paragraph (c)(1) to develop a written plan of action regarding the 
implementation of the employee participation required by this 
paragraph. Paragraph (c)(2) requires employers to consult with 
employees and their representatives on the conduct and development of 
process hazard analyses and on the development of the other elements of 
process safety management in the Standard. Under paragraph (c)(3) 
employers must provide access to process hazard analyses to employees 
and their representatives.
    (B) Process Safety information (paragraph (d)). Paragraph (d) 
requires employers to complete a compilation of written process safety 
information prior to conducting a process hazard analysis. The 
compilation of written process

[[Page 4942]]

safety information, which includes information on the hazards of 
chemicals, the technology of the process, and the equipment is to 
enable the employer and employees involved in operating the process to 
identify and understand the hazards posed by processes involving highly 
hazardous chemicals.
    (C) Process Hazard Analysis (paragraph (e)(1)). Paragraph (e)(1) 
requires the employer to perform an initial process hazard analysis on 
processes covered by the Standard. The evaluation must be appropriate 
to the complexity of the process and must identify, evaluate, and 
control the hazards involved in the process.
    (D) Resolution of Hazards (paragraph (e)(5)). Paragraph (e)(5) 
requires documentation of the actions the employer takes to resolve the 
findings and recommendations of the team that performed the process 
hazard analysis, including a schedule for completing these actions. In 
addition, the employer is to communicate this information to affected 
operating, maintenance, and other employees whose work assignments are 
in the process.
    (E) Updating, Revalidating, and Retaining the Process Hazard 
Analysis (paragraphs (e)(6) and (e) (7)). Paragraph (e)(6) requires 
that the initial process hazard analysis be updated and revalidated by 
a team at least every 5 years. Paragraph (e)(7) requires the employer 
to retain process hazard analyses for each process covered by this 
section, as well as the documented resolution of recommendations 
described in paragraph (e)(5).
    (F) Operating Procedures (paragraphs (f)(1)-(f)(4)). Paragraph 
(f)(1) requires the employer to develop and implement written operating 
procedures that provide clear instructions for safely conducting 
activities involved in each covered process consistent with the process 
safety information. Paragraph (f)(2) requires the employer to make the 
operating procedures readily accessible to employees who work in or 
maintain a process. Paragraph (f)(3) requires the employer to review 
the operating procedures as often as necessary to assure that they 
reflect current operating practice, and that the employer certify 
annually that these operating procedures are current and accurate. 
Paragraph (f)(4) requires the employer to develop and implement safe 
work practices that provide for the control of hazards during 
operations such as lockout/tagout; confined space entry; opening 
process equipment or piping; and control over entrance into a facility 
by maintenance, contractor, laboratory, or other support personnel. 
These safe practices apply to both employees and contractor employees.
    (G) Training (Initial, Refresher, and Documentation) (paragraphs 
(g)(1)-(g)(3)). Paragraph (g)(1) requires employers to train employees 
before they become involved in operating a newly assigned process. The 
training shall emphasize specific safety and health hazards; emergency 
operations, including shutdown; and safe work practices applicable to 
the employee's job tasks. Paragraph (g)(2) requires that the employer 
provide refresher training at least every 3 years. Paragraph (g)(3) 
requires the employer to prepare a record that contains the name of 
employee, the date of training, and the means used to verify that the 
employee understood the training.
    (H) Contractors (paragraphs (h)(2)(i)-(h)(2)(iv), (h)(2)(vi), 
(h)(3)(iii), and (h)(3)(v)). This paragraph imposes collection of 
information requirements on both employers and on contractors. 
Paragraph (h)(2)(i) requires employers, when selecting a contractor, to 
obtain and evaluate information regarding the contract employer's 
safety performance and programs. Paragraph (h)(2)(ii) requires that the 
employer inform contract employers of known potential fire, explosion, 
or toxic release hazards related to the contractor's work and the 
process. Paragraph (h)(2)(iii) requires that the employer explain to 
contract employers the applicable provisions of the emergency action 
plan required by paragraph (n) of 29 CFR 1910.119. Paragraph (h)(2)(iv) 
requires the employer to develop and implement safe work practices 
consistent with paragraph (f)(4) of this section, to control the 
entrance, presence and exit of contract employers and contract 
employees in covered process areas. Paragraph (h)(2)(vi) requires the 
employer to maintain a contract employee injury and illness log related 
to the contractor's work in process areas. Paragraph (h)(3)(iii) 
requires the contract employer to document: that contract employees 
have been trained to perform their work practices safely and are 
knowledgeable about the fire, explosion, and toxic hazards in the 
workplace; and the identity of the contract employee who received the 
training, the date of training, and the means used to verify that the 
employee understood the training. paragraph (h)(3)(v) requires the 
contractor to advise the employer of any unique hazard presented by the 
contract employer's work, or any hazards found by the contract 
employer's work.
    (I) Written Procedures, Inspections, and Testing (paragraphs (j)(2) 
and (j)(4)(iv)). Paragraph (j)(2) requires the employer to establish 
written procedures to maintain the ongoing integrity of process 
equipment. Paragraph (j)(4)(iv) requires that employers document 
inspections and tests performed on process equipment. The documentation 
shall identify the date of the inspection or test, the name of the 
person who performed the inspection or test, the serial number or other 
identifier of the equipment on which the inspection or test was 
performed, a description of the inspection or test performed, and the 
results of the inspection or test.
    (J) Hot Work Permit (paragraph (k)(2)). Paragraph (k)(2) requires 
the employer to provide the following information on permits issued for 
hot work operations conducted on or near a covered process: The date(s) 
authorized for hot work, and the identity of the object on which hot 
work is to be performed. The permit must be kept on file until 
completion of the hot work operations.
    (K) Management of Change (paragraphs (l)(1), (l)(4), and (l)(5)). 
Paragraph (I)(1) requires the employer to establish and implement 
written procedures to manage changes (except for ``replacements in 
kind'') to process chemicals, technology, equipment, and procedures; 
and for changes to facilities that affect a covered process. Paragraph 
(1)(4) requires the employer to update the information in paragraph (d) 
of the Standard if a change in paragraph (1) results in a change to the 
process safety information. Similarly, paragraph (1)(5) requires the 
employer to update the information in paragraph (f) of the Standard if 
a change in paragraph (1) results in a change to the operating 
procedures.
    (L) Incident Investigations (paragraphs (m)(4)-(m)(7)). Paragraph 
(m)(4) requires that a report be prepared at the conclusion of any 
incident investigation, and that the report include, at a minimum, the 
date of the incident; the date the investigation began; a description 
of the incident; the factors that contributed to the incident; and any 
recommendations resulting from the investigation. Paragraph (m)(5) 
specifies that the employer must document resolutions and corrective 
measures taken with regard to the findings and recommendations provided 
in an incident investigation report, while paragraph (m)(6) states that 
the employer must allow affected personnel (including contract 
employees), whose job tasks are relevant to the incident findings, to 
review the report. Paragraph (m)(7) requires that incident 
investigation reports be retained for 5 years.

[[Page 4943]]

    (M) Emergency Planning and Response (paragraph (n)). Paragraph (n) 
requires the employer to establish and implement an emergency action 
plan in accordance with the provisions of 29 CFR 1910.38(a). In 
addition, the emergency action plan shall include procedures for 
handling small releases.
    (N) Compliance Audits (paragraph (o)(1) and (o)(3)-(o)(5)). Under 
paragraph (o)(1), employers are required to certify that they have 
evaluated compliance with the provisions of this section at least every 
3 years to ensure that the procedures and practices developed under the 
standard are adequate and are being followed. Paragraph (o)(3) requires 
that a report of the audit findings be developed, while paragraph 
(o)(4) states that the employer must promptly determine and document an 
appropriate response to each of the findings of the compliance audit, 
and document that the deficiencies have been corrected. Paragraph 
(o)(5) requires that the 2 most recent reports be retained.
    (O) Records Disclosure. Employers must disclose records required by 
the Standard to an OSHA compliance officer during an OSHA inspection.

II. 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, 
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 requesting OMB to extend their approval of the collection 
of information requirements contained in the Process Safety Management 
Standard. The Agency is requesting a decrease in burden hours for the 
existing collection of information requirements from 50,980,689 to 
47,832,349 (a total reduction of 3,148,340 hours). The Agency will 
summarize the comments submitted in response to this notice, and will 
include this summary in its request to OMB.
    Type of Review: Extension of currently approved information 
collection requirements.
    Title: Process Safety Management of Highly Hazardous Chemicals (29 
CFR 1910.119).
    OMB Number: 1218-0200.
    Affected Public: Business or other for-profits; Not-for-profit 
organizations; Federal Government; State, local or tribal government.
    Number of Respondents: 37,970.
    Frequency: On occasion.
    Average Time per Response: Varies from three minutes to generate 
and maintain training certification records to 2,454.4 hours to 
establish and implement a management-of-change program.
    Estimated Total Burden Hours: 47,832,349.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on this Notice and 
Internet Access to Comments and Submissions

    You may submit comments and supporting materials in response to 
this notice by (1) hard copy, (2) FAX transmission (facsimile), or (3) 
electronically through the OSHA Web page. Because of security-related 
problems, there may be a significant delay in the receipt of comments 
by regular mail. Please contact the OSHA Docket Officer at (202) 693-
2350 (TTY (877) 889-5627) for information about security procedures 
concerning the deliver of submissions by express delivery, hand 
delivery, and courier service.
    All comments, submissions, and background documents are available 
for inspection and copying at the OSHA Docket Office at the above 
address. Comments and submissions posted on OSHA's Web page are 
available at http://www.OSHA.gov. Contact the OSHA Docket Office for 
information about materials not available through the OSHA Web page and 
for assistance using the Web page to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other 
relevant documents are available on OSHA's Web page. Since all 
submissions become public, private information such as social security 
number should not be submitted.

V. Authority and Signature

    Jonathan L. Snare, Acting 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 et seq.) and Secretary of Labor's Order No. 5-2002 
(67 FR 65008).

    Signed at Washington, DC, on January 25, 2006.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 06-844 Filed 1-27-06; 8:45 am]
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