

[Federal Register: October 30, 2007 (Volume 72, Number 209)]
[Notices]               
[Page 61378-61381]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc07-65]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0075]

 
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 comment.

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SUMMARY: OSHA solicits public comment concerning its proposal to extend 
OMB approval of the information collection requirements specified in 
the Standard on the Control of Hazardous Energy (Lockout/Tagout) (29 
CFR 1910.147).

DATES: Comments must be submitted (postmarked, sent, or received) by 
December 31, 2007.

[[Page 61379]]


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-2007-0075, 
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 ICR (OSHA-2007-0075). 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 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).
    The Standard specifies several paperwork requirements. 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 sources 
while employees 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 sources prevent death or 
serious injury among these employees.
    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 employees. 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 employees.
    Paragraph (c)(4)(ii) states that the required documentation must 
clearly and specifically outline the scope, purpose, authorization, 
rules, and techniques employees are to use to control hazardous energy, 
and the means to enforce compliance. The document must include at least 
the following elements:
    (A) A specific statement regarding the use of the procedure;
    (B) Detailed procedural steps for shutting down, isolating, 
blocking, and securing machines or equipment to control hazardous 
energy, and for placing, removing, and transferring lockout or tagout 
devices, including the responsibility for doing so; and,
    (C) 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.
    The employer uses the information in this document as the basis for 
informing and training employees about the purpose and function of the 
energy control procedures, and the safe application, use, and removal 
of energy controls. In addition, this information enables employers to 
effectively identify operations and processes in the workplace that 
require energy control procedures.
    Periodic Inspection (paragraph (c)(6)(ii)). Under paragraph 
(c)(6)(i), employers are to conduct inspections of energy control 
procedures at least annually. An authorized employee (other than an 
authorized employee 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 employee, of that employee's 
responsibilities under the procedure; for procedures using tagout 
systems, the review also involves affected employees, and includes an 
assessment of the employees' 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 and the employee who 
performed the inspection.
    Training and Communication (paragraph (c)(7)(iv)). Paragraph 
(c)(7)(i) specifies that employers must establish a training program 
that enables employees to understand the purpose and function of the 
energy control procedures, and provides them with the knowledge and 
skills necessary for the safe application, use, and removal of energy 
controls. According to paragraph (c)(7)(i), employers are to ensure 
that: Authorized employees recognize the applicable hazardous energy 
sources, the type and magnitude of the energy available in the 
workplace, and the methods and means necessary for energy isolation and 
control; affected employees obtain instruction on the

[[Page 61380]]

purpose and use of the energy control procedure; and other employees 
who work, or may work, near operations using the energy control 
procedure receive training about the procedure, as well as the 
prohibition regarding attempts to restart or reactivate machines or 
equipment having locks or tags to control energy release.
    Under paragraph (c)(7)(ii), when the employer uses a tagout system, 
the training program must inform employees that: Tags are warning 
labels affixed to energy isolating devices, and, therefore, they do not 
provide the physical restraint on those devices that locks do; 
employees are not to remove tags attached to an energy isolating 
devices unless permitted to do so by the authorized employee 
responsible for the tag, and they are never to bypass, ignore, or in 
any manner defeat the tagout system; tags must be legible and 
understandable by authorized and affected employees, as well as by 
other employees who work, or may work, near operations using the energy 
control procedure; the materials used for tags, including the means of 
attaching them, must withstand the environmental conditions encountered 
in the workplace; tags evoke a false sense of security, and employees 
must understand that tags are only part of the overall energy control 
program; and they must attach tags securely to energy isolating devices 
to prevent removal of the tags during use.
    Paragraph (c)(7)(iii) states that employers must retrain authorized 
and affected employees when a change occurs in: Their job assignments, 
the machines, equipment, or processes such that a new hazard is 
present; and the energy control procedures. Employers also must provide 
retraining when they have reason to believe, or periodic inspection 
required under paragraph (c)(6) indicates, that deviations and 
inadequacies exist in an employee's knowledge or use of energy control 
procedures. The retraining must reestablish employee proficiency and, 
if necessary, introduce new or revised energy control procedures.
    Under paragraph (c)(7)(iv), employers are to certify that employees 
completed the required training, and that this training is up-to-date. 
The certification is to contain each employee's name and the training 
date.
    Training employees to recognize hazardous energy sources and to 
understand the purpose and function of the energy control procedures, 
and providing them with the knowledge and skills necessary to implement 
safe application, use, and removal of energy controls, enables them to 
prevent serious accidents by using appropriate control procedures in a 
safe manner to isolate these hazards. In addition, written 
certification of the training assures the employer that employees 
receive the training specified by the Standard.
    Disclosure of Inspection and Training Certification Records 
(paragraphs (c)(6)(ii) and (c)(7)(iv)). The inspection records provide 
employers with assurance that employees can safely and effectively 
service, maintain, and repair machines and equipment covered by the 
Standard. These records also provide the most efficient means for an 
OSHA compliance officer to determine that an employer is complying with 
the Standard, and that the machines and equipment are safe for 
servicing, maintenance, and repair. The training records provide the 
most efficient means for an OSHA compliance officer to determine 
whether an employer has performed the required training.
    Notification of Employees (paragraph (c)(9)). This provision 
requires the employer to notify affected employees prior to applying, 
and after removing, a lockout or tagout device from a machine or 
equipment. Such notification informs employees of the impending 
interruption of the normal production operation, and serves as a 
reminder of the restrictions imposed on them by the energy control 
program. In addition, this requirement ensures that employees do not 
attempt to reactivate a machine or piece of equipment after an 
authorized employee isolates its energy source and renders it 
inoperative. Notifying employees after removing an energy control 
device alerts them that the machines and equipment are no longer safe 
for servicing, maintenance, and repair.
    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. This provision ensures that 
each employer knows about the unique energy control procedures used by 
the other employer; this knowledge prevents any misunderstanding 
regarding the implementation of lockout or tagout procedures, and the 
use of lockout or tagout devices for a particular application.

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 information 
collection requirements contained in the Standard on the Control of 
Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147). The Agency is 
requesting a net decrease of 407,924 burden hours (from 3,421,527 to 
3,013,603). 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: Standard on the Control of Hazardous Energy (Lockout/
Tagout).
    OMB Number: 1218-0150.
    Affected Public: Business or other for-profit.
    Frequency of Recordkeeping: Initially; Annually; On occasion.
    Number of Respondents: 769,748.
    Total Responses: 83,380,843.
    Estimated Time per Response: Varies from 15 seconds (.004 hour) for 
an employer or authorized employee to notify affected employees prior 
to applying, and after removing, a lockout/tagout device from a machine 
or equipment to 80 hours for certain employers to develop energy 
control procedures.
    Total Burden Hours: 3,013,603.
    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 

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-2007-0075). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail

[[Page 61381]]

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 publicly 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 at 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

    Edwin G. Foulke, Jr., 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 
31159).

    Signed at Washington, DC, on October 24, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E7-21288 Filed 10-29-07; 8:45 am]

BILLING CODE 4510-26-P
