[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Notices]
[Pages 45883-45884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21332]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0017]


The Standard on Personal Protective Equipment (PPE) for Shipyard 
Employment; 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 comments concerning its proposal to 
extend OMB approval of the information collection requirements 
specified in the Standard on Personal Protective Equipment (PPE) for 
Shipyard Employment (29 CFR part 1915, subpart I).

DATES: Comments must be submitted (postmarked, sent, or received) by 
November 3, 2009.

ADDRESSES:
    Electronically: You may submit comments and attachments 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile: If your comments, including attachments, are not longer 
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service: 
When using this method, you must submit three copies of your comments 
and attachments to the OSHA Docket Office, Docket No. OSHA-2009-0017, 
U.S. Department of Labor, Occupational Safety and Health 
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, 
DC 20210. Deliveries (hand, express mail, messenger, and courier 
service) are accepted during the Department of Labor's and Docket 
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA 
docket number for the Information Collection Request (ICR) (OSHA-2009-
0017). All comments, including any personal information you provide, 
are placed in the public docket without change, and may be made 
available online at http://www.regulations.gov. For further information 
on submitting comments see the ``Public Participation'' heading in the 
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov or the OSHA Docket Office at 
the address above. All documents in the docket (including this Federal 
Register notice) are listed in the http://www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through the Web site. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may also contact Theda Kenney at 
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, 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. 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 (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 OSH Act) (29 U.S.C. 651 
et seq.) authorizes information collection by employers as necessary or 
appropriate for enforcement of the OSH Act or for developing 
information regarding the causes and prevention of occupational 
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also 
requires that OSHA obtain such information with minimum burden upon 
employers, especially those operating small businesses, and to reduce 
to the maximum extent feasible unnecessary duplication of efforts in 
obtaining information (29 U.S.C. 657).
    Subpart I specifies several paperwork requirements, which are 
described below.
    (A) Hazard Assessment and Verification (Sec.  1915.152(b)). Section 
1915.152(b) requires the employer to assess work activities to 
determine whether there are hazards present, or likely to be present, 
which necessitate the worker's use of PPE. If such hazards are present, 
or likely to be present, the employer must: (1) Select the type of PPE 
that will protect the affected workers from the hazards identified in 
the occupational hazard assessment; (2) communicate selection decisions 
to affected workers; (3) select PPE that properly fits each affected 
worker; and (4) verify that the required occupational hazard assessment 
has been performed. The verification must contain the following 
information: Occupation or trade assessed, the date(s) of the hazard 
assessment, and the name of the person performing the hazard 
assessment.
    (B) Training and Verification (Sec.  1915.152(e)). Section 
1910.152(e) requires that employers provide training for each worker 
who is required to wear PPE (Sec.  1915.152(e)(1)). Paragraph (e)(3) 
requires that employers also provide retraining when there are certain 
changes in workplace conditions or there is reason to believe that any 
previously trained worker does not have the understanding or skill to 
use PPE properly. Circumstances where such retraining is required 
include changes in the workplace that render prior training obsolete, 
certain changes in the types of PPE used, and inadequacies in the 
worker's knowledge or use of PPE that indicate the worker had not 
retained the requisite understanding or skill.
    Paragraph (e)(4) requires that the employer verify that each 
affected worker has received the required PPE training. The 
verification must contain the following information: Name of each 
worker trained, the date(s) of training,

[[Page 45884]]

and the type of training the worker received.
    The standards on PPE protection for the eyes and face (Sec.  
1915.153), head (Sec.  1915.155), feet (Sec.  1915.156), hands and body 
(Sec.  1915.157), lifesaving equipment (Sec.  1915.158), personal fall 
arrest systems (Sec.  1915.159), and positioning device systems (Sec.  
1915.160) do not contain any separate information collection 
requirements.

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 that OMB extend its approval of the collection 
of information requirements contained in the Standard on Personal 
Protective Equipment (PPE) for Shipyard Employment (29 CFR part 1915, 
subpart I). The Agency is requesting an adjustment to the burden hours 
from 2,041 to 2,827 hours (an increase of 786 hours). The increase in 
the burden hours can be attributed to the number of existing workers 
increasing from 62,191 to 86,764.
    OSHA 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 the information collection requirements contained in 
the Standard on Personal Protective Equipment (PPE) for Shipyard 
Employment (29 CFR Part 1915, Subpart I).

    Type of Review: Extension of a currently approved collection.
    Title: Personal Protective Equipment Standard for Shipyard 
Employment (29 CFR part 1915, subpart I).
    OMB Number: 1218-0215.
    Affected Public: Business or other for-profits.
    Total Responses: 108,335.
    Frequency: On occasion.
    Estimated Time per Response: Varies from 1 minute (.02 hour) for 
employers to maintain the certification record for each worker to 5 
minutes to record the hazard assessment for each occupation covered.
    Total Burden Hours: 2,827.
    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 in response to this document as follows: 
(1) Electronically at http://www.regulations.gov, which is the Federal 
e-Rulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All 
comments, attachments, and other material must identify the Agency name 
and OSHA docket number for the ICR (Docket No. OSHA-2009-0017). You may 
supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or facsimile submission, you must submit them to the 
OSHA Docket Office (see the section of this notice titled ADDRESSES). 
The additional materials must clearly identify your electronic comments 
by your name, date, and the docket number so the Agency can attach them 
to your comments.
    Because of security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments. For information about 
security procedures concerning the delivery of materials by hand, 
express delivery, messenger, or courier service, please contact the 
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publically available to read or download through this 
Web site. All submissions, including copyrighted material, are 
available for inspection and copying at the OSHA Docket Office. 
Information on using the http://www.regulations.gov Web site to submit 
comments and access the docket is available through the Web site's 
``User Tips'' link. Contact the OSHA Docket Office for information 
about materials not available through the Web site, and for assistance 
in using the Internet to locate docket submissions.

V. Authority and Signature

    Jordan Barab, 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. 5-2007 (72 FR 
31160).

    Signed at Washington, DC, this 28th day of August 2009.
Jordan Barab,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-21332 Filed 9-3-09; 8:45 am]
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