[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Notices]
[Pages 35888-35889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15813]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0002]


Walking and Working Surfaces Standard for General Industry; 
Extension of the Office of Management and Budget's (OMB) Approval of 
the Information Collection (Paperwork) Requirements

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

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements contained in the Walking and 
Working Surfaces Standard for General Industry.

DATES: Comments must be submitted (postmarked, sent, or received) by 
September 23, 2019.

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 a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2013-0002, U.S. 
Department of Labor, Occupational Safety and Health Administration, 
Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the OSHA Docket Office's normal business hours, 10:00 
a.m. to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2013-0002) for the Information Collection Request 
(ICR). 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 above address. 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 from the website. All submissions, 
including copyrighted material, are available for inspection and 
copying at the OSHA Docket Office. You may contact Theda Kenney at the 
phone number below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of 
Standards and Guidance, OSHA, U.S. Department of Labor, Washington, DC 
20210; telephone (202) 693-2222.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Department of Labor, as part of a 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 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 extent possible 
unnecessary duplication of efforts in obtaining information (29 U.S.C. 
657).
    The collection of information contained in the Walking and Working 
Surfaces Standard for General Industry is necessary to protect workers 
from slip, trip, and fall hazards; increases compliance flexibility for 
employers; incorporates advances in industry best practices, national 
consensus standards, and technology since OSHA adopted the standard in 
1971; and provides greater consistency between subpart D and 
construction standards. The following describes the information 
collection requirements in subpart D.
    Paragraph 1910.23(b)(10) requires that the employer ensure that any 
ladder with structural or other defects be immediately tagged with 
``Dangerous: Do Not Use'' or with similar language in accordance with 
Sec.  1910.145 and removed from service until ``repaired . . . or 
replaced.'' The information will alert employers and workers that the 
ladder is not safe and must not be used.
    Paragraph 1910.27(b)(1)(i) requires that before any rope descent 
system is used, the building owner inform the employer in writing that 
the building owner has identified, tested, certified, and maintained 
each anchorage so it is capable of supporting at least 5,000 pounds 
(268 kg), in any direction for each employee attached. The information 
must be based on an annual inspection by a qualified person and 
certification of each anchorage by a qualified person, as necessary, 
and at least every 10 years. The information will assure employers and 
workers that the building owner has inspected, tested and certified the 
anchorage, which the employer may not own or have any control over, as 
safe to use. Paragraph 1910.27(b)(1)(ii) requires that the employer 
ensure that no employee uses any anchorage before the employer has 
obtained written information from the building owner indicating that 
each anchorage meets the requirements of Sec.  1910.27(b)(1)(i). The 
employer must keep the information for the duration of the job. The 
information will assure employers and workers that the anchorage, which 
the employer may not own or have any control over, is safe to use.
    Paragraph 1910.28(b)(1)(ii) that requires when the employer can 
demonstrate that it is not feasible or creates a greater hazard to use 
guardrail, safety net, or personal fall protection systems on 
residential roofs, the employer must develop and implement a fall 
protection plan that meets the requirements of 29 CFR 1926.502(k) and 
training that meets the requirements of 29 CFR 1926.503(a) and (c).

[[Page 35889]]

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 approval of the information 
collection requirements contained in the Walking and Working Surfaces 
Standard for General Industry (29 CFR part 1910, subpart D). OSHA is 
requesting an adjustment decrease in the burden hours from 498,803 
hours to 498,640 hours, a difference of 163 hours. The decrease is due 
to the change in the methodology of the calculations. The agency will 
summarize the comments submitted in response to this notice and will 
include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Walking and Working Surfaces for General Industry (29 CFR 
1910, subpart D).
    OMB Control Number: 1218-0199.
    Affected Public: Business or other for-profits; Federal Government; 
State, Local, or Tribal Government.
    Number of Respondents: 487,500.
    Frequency of Response: On occasion.
    Average Time per Response: Various.
    Estimated Total Burden Hours: 498,640 hours.
    Estimated Cost (Operation and Maintenance): $54,697,500.

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 
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All 
comments, attachments, and other material must identify the agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2013-0002). 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 
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the http://www.regulations.gov website to submit comments and 
access the docket is available at the website's ``User Tips'' link. 
Contact the OSHA Docket Office for information about materials not 
available through the website, and for assistance in using the internet 
to locate docket submissions.

V. Authority and Signature

    Loren Sweatt, 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. 1-2012 (77 FR 
3912).

    Signed at Washington, DC, on July 19, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2019-15813 Filed 7-24-19; 8:45 am]
 BILLING CODE 4510-26-P