[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 84004-84005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28372]



[[Page 84004]]

-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0033]


Standard on the Control of Hazardous Energy (Lockout/Tagout); 
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.

-----------------------------------------------------------------------

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 Standard on the 
Control of Hazardous Energy (Lockout/Tagout).

DATES: Comments must be submitted (postmarked, sent, or received) by 
February 22, 2021.

ADDRESSES:
    Electronically: You may submit comments, including attachments, 
electronically at http://www.regulations.gov, the Federal eRulemaking 
Portal. Follow the instructions online for submitting comments.
    Facsimile: If your comments, including attachments, do not exceed 
10 pages, you may fax them to the OSHA Docket Office at (202) 693-1648.
    Regular mail, express delivery, hand (courier) delivery, and 
messenger service: When using these methods, you must submit a copy of 
your comments and attachments to the OSHA Docket Office, OSHA Docket 
No. OSHA-2011-0033, Occupational Safety and Health Administration, U.S. 
Department of Labor, Room N-3653, 200 Constitution Avenue NW, 
Washington, DC 20210. Please note: While OSHA's Docket Office is 
continuing to accept and process submissions by regular mail, due to 
the COVID-19 pandemic, the Docket Office is closed to the public and 
not able to received submissions to the docket by hand, express mail, 
messenger, and courier service.
    Instructions: All submissions must include the agency name and the 
OSHA docket number for this Federal Register notice (OSHA-2011-0033). 
Because of security-related procedures, submissions by regular mail may 
result in a significant delay in receipt. OSHA will place comments and 
requests to speak, including personal information, in the public 
docket, which may be available online. Therefore, OSHA cautions 
interested parties about submitting personal information such as Social 
Security numbers and birthdates. 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 through 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 
(202) 693-2222 to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney, 
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 a continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance process 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, the reporting burden (time and costs) is minimal, the 
collection instruments are clearly understood, and OSHA's estimate of 
the information collection burden is accurate. The Occupational Safety 
and Health Act of 1970 (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 to obtain 
such information with a minimum burden upon employers, especially those 
operating small businesses, and to reduce to the maximum extent 
feasible unnecessary duplication of effort in obtaining said 
information (29 U.S.C. 657).
    The Standard on the Control of Hazardous Energy (also referred to 
as the ``Lockout/Tagout Standard''), 29 CFR 1910.147, contains several 
information collection requirements, which are described below. The 
purpose of these requirements is to control the release of hazardous 
energy while workers 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 or 
serious injury among these workers.

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 workers. 
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 workers.
    Paragraph (c)(4)(ii) states that the required documentation must 
clearly and specifically outline the scope, purpose, authorization, 
rules, and techniques workers 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; detailed procedural steps 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.

Protective Materials and Hardware (Paragraphs (c)(5)(ii)(D) and 
(c)(5)(iii))

    Paragraph (c)(5)(ii)(D) requires that lockout and tagout devices 
indicate the identity of the employee applying it. Paragraph 
(c)(5)(iii) requires that tags warn against hazardous conditions if the 
machine or equipment is energized. In addition, the tag must include a 
legend such as one of the following: Do Not Start; Do Not Open; Do Not 
Close; Do Not Energize; Do Not Operate.

Periodic Inspection Certification Records (Paragraph (c)(6)(ii))

    Under paragraph (c)(6)(i), employers are to conduct inspections of 
energy

[[Page 84005]]

control procedures at least annually. An authorized worker (other than 
an authorized worker 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 worker, of that worker's responsibilities 
under the procedure; for procedures using tagout systems, the review 
also involves affected workers, and includes an assessment of the 
workers' 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 inspected, the workers included in the inspection, and the 
worker who performed the inspection.

Training Certification Records (Paragraph (c)(7)(iv))

    Under paragraph (c)(7)(iv), employers are to certify that workers 
completed the required training, and that this training is up-to-date. 
The certification is to contain each worker's name and the training 
date. Written certification of the training assures the employer that 
workers receive the training specified by the standard.

Notification of Employees (Paragraph (c)(9))

    This provision requires the employer or authorized worker to notify 
affected workers prior to applying, and after removing, a lockout or 
tagout device from a machine or equipment.

Off-Site Personnel (Contractors, etc.) (Paragraph (f)(2)(i))

    When the on-site employer uses an off-site 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.

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 an adjustment decrease of 126,403.49 burden 
hours (from 2,749,315 hours to 2,622,911.51 hours). This decrease is 
the result of updated data showing a decrease in the number of affected 
high-impact establishments (from 292,825 to 290,560 establishments). In 
addition, OSHA is requesting an adjustment decrease of $102,032.08 in 
operation and maintenance costs (from $1,472,686.00 to $1,370,653.92) 
associated with the purchase of tags and ties by employers. This 
decrease is also a result of updated data showing a reduction of the 
number of high-impact establishments.
    Type of Review: Extension of a currently approved collection.
    Title: Standard on the Control of Hazardous Energy (Lockout/
Tagout).
    OMB Control Number: 1218-0150.
    Affected Public: Business or other for-profits.
    Number of Respondents: 773,209.
    Frequency: Initially; Annually; On occasion.
    Average Time per Response: Varies.
    Estimated Number of Responses: 69,257,657.
    Estimated Total Burden Hours: 2,622,911.51.
    Estimated Cost (Operation and Maintenance): $1,370,653.92.

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. Please 
note: While OSHA's Docket Office is continuing to accept and process 
submissions by regular mail, due to the COVID-19 pandemic, the Docket 
Office is closed to the public and not able to receive submissions to 
the docket by hand, express mail, messenger, and courier service. All 
comments, attachments, and other material must identify the agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2011-0033). 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 electronic comments by 
your name, date, and the docket number so that the agency can attach 
them to your comments.
    Due to security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments.
    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 at (202) 693-2350, (TTY (877) 889-5627) 
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, 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 December 18, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2020-28372 Filed 12-22-20; 8:45 am]
BILLING CODE 4510-26-P