[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Notices]
[Pages 34274-34276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09191]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0033]


Hazardous Energy Control Standard (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.

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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 specified in the Hazardous Energy 
Control Standard (Lockout/Tagout).

DATES: Comments must be submitted (postmarked, sent, or received) by 
July 1, 2024.

ADDRESSES: 
    Electronically: You may submit comments and attachments 
electronically at https://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Docket: To read or download comments or other material in the 
docket, go to https://www.regulations.gov. Documents in the docket are 
listed in the https://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the websites. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY 
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and OSHA 
docket number (OSHA-2011-0033) for the Information Collection Request 
(ICR). OSHA will place all comments, including any personal 
information, in the public docket, which may be made 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.''

FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of

[[Page 34275]]

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, 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 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 effort in 
obtaining information (29 U.S.C. 657).
    The following sections describe who uses the information collected 
under each requirement, as well as how they use it. 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 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 procedure 
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 to 
protect workers, 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, and 
transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend the approval of the information 
collection requirements contained in the Hazardous Energy Control 
Standard (Lockout/Tagout). The agency is requesting an adjustment 
increase in burden hours from 2,622,912 hours to 2,732,064 hours, a 
difference of 109,152 hours. This increase is due to the increase in 
the number of establishments from 773,209 to 806,890.
    OSHA will summarize the comments submitted in response to this 
notice and will include this summary in the request to OMB to extend 
the approval of the information collection requirements.
    Type of Review: Extension of a currently approved collection.
    Title: Hazardous Energy Control Standard (Lockout/Tagout).
    OMB Control Number: 1218-0150.
    Affected Public: Business or other for-profits.
    Number of Respondents: 806,890.
    Number of Responses: 73,530,405.
    Frequency of Responses: On occasion.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 2,732,064.
    Estimated Cost (Operation and Maintenance): $1,442,985.

[[Page 34276]]

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 https://www.regulations.gov, which is the Federal 
eRulemaking Portal; or (2) by facsimile (fax), if your comments, 
including attachments, are not longer than 10 pages you may fax them to 
the OSHA Docket Office at 202-693-1648. 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 
submission by uploading document files electronically.
    Comments and submissions are posted without change at https://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 https://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download from this 
website. All submission, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the https://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 from the website, and for 
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, 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. 8-2020 
(85 FR 58393).

    Signed at Washington, DC, on April 23, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-09191 Filed 4-29-24; 8:45 am]
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