[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Notices]
[Pages 45929-45930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16520]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0029]


Underground Construction 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 comments.

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SUMMARY: OSHA is soliciting public comments concerning the proposal to 
extend the Office of Management and Budget's (OMB's) approval of the 
information collection requirements specified in the standard on 
Underground Construction.

DATES: Comments must be submitted (postmarked, sent, or received) by 
September 28, 2020.

ADDRESSES: 
    Electronically: You may submit comments and attachments 
electronically at www.regulations.gov, 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 these methods, you must submit a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0029, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the 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 (Docket No. OSHA 2011-0029) for the Information 
Collection Request (ICR). All comments, including any personal 
information you provide, such as social security numbers and date of 
birth, 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 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 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 also contact Theda Kenney at the below 
phone number to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Seleda Perryman, 
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, 
telephone (202) 693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the 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) (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 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).
    Seven paragraphs in the Underground Construction Standard (``the 
Standard''), 29 CFR 1926.800, require employers to post warning signs 
or notices during underground construction; these

[[Page 45930]]

paragraphs are (b)(3), (i)(3), (j)(1)(vi)(A), (m)(2)(ii), (o)(2), 
(q)(11), and (t)(1)(iv)(B). The warning signs and notices required by 
these paragraphs enable employers to effectively alert workers to the 
presence of hazards or potential hazards at the job site, thereby 
preventing worker exposure to hazards or potential hazards associated 
with underground construction that could cause death or serious harm.
    Paragraph (t)(3)(xxi) of the Standard requires employers to inspect 
and load test hoists when they install them, and at least annually 
thereafter. They must also inspect and load test a hoist after making 
any repairs or alterations to it that affect the structural integrity, 
and after tripping a safety device on the hoist. Employers must also 
prepare a certification record of each inspection and load test that 
includes specified information, and maintain the most recent 
certification record until they complete the construction project.
    Establishing and maintaining a written record of the most recent 
inspection and load test alerts equipment mechanics to problems 
identified during the inspection. Prior to returning the equipment to 
service, employers can review the records to ensure that the mechanics 
performed the necessary repairs and maintenance. Accordingly, by using 
only equipment that is in safe working order, employers will prevent 
severe injury and death to the equipment operators and other workers 
who work near the equipment. In addition, these records provide the 
most efficient means for OSHA compliance officers to determine that an 
employer performed the required inspections and load tests, thereby 
assuring that the equipment is safe to operate.
    Paragraph (j)(3) of the Standard mandates that employers develop 
records for air quality tests performed under paragraph (j), including 
air quality tests required by paragraphs (j)(1)(ii)(A) through 
(j)(1)(iii)(A), (j)(1)(iii)(B), (j)(1)(iii)(C), (j)(1)(iii)(D), 
(j)(1)(iv), (j)(1)(v)(A), (j)(1)(v)(B), and (j)(2)(i) through 
(j)(2)(v). Paragraph (j) also requires that air quality records include 
specified information, and that employers maintain the records until 
the underground construction project is complete. They must also make 
the records available to OSHA compliance officers on request.
    Maintaining records of air quality tests allows employers to 
document atmospheric hazards, ascertain the effectiveness of controls 
(especially ventilation), and implement additional controls if 
necessary. Accordingly, these requirements prevent serious injury and 
death to workers who work on underground construction projects. In 
addition, these records provide an efficient means for workers to 
evaluate the accuracy and effectiveness of an employer's exposure 
reduction program, and for OSHA compliance officers to determine that 
employers performed the required tests and implemented appropriate 
controls.

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

    The agency is requesting to retain the current burden estimate of 
76,477 hours.
    Type of Review: Extension of a currently approved collection.
    Title: Underground Construction Standard (29 CFR 1926.800).
    OMB Control Number: 1218-0067.
    Affected Public: Business or other for-profits.
    Number of Respondents: 461.
    Total Responses: 1,171,439.
    Frequency of Responses: On occasion.
    Average Time: Varies.
    Estimated Total Burden Hours: 76,477.
    Estimated Cost (Operation and Maintenance): $165,600.

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 www.regulations.gov, 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 this ICR (OSHA Docket No. 2011-0029). You may 
supplement 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 and include 
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 
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 
www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download from this 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the 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 from 
the website, and for assistance in using the internet to locate docket 
submissions.

V. Authority and Signature

    Loren Sweat, Principal Deputy 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 24, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2020-16520 Filed 7-29-20; 8:45 am]
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