This information collection is approved for 18 months. OSHA's interpretation of the LOTO Standard appears to have changed significantly since the standard was promulgated in 1989, with serious implications for the information collection requirements and burden estimate. In the 1999 approval of this ICR, OMB stated that "The burden hours for creating machine-specific procedures are not included, based upon the DOL contention that firms will not be cited if they have generic site procedures rather than machine-specific procedures". However, OSHA now concedes that it does require specific procedures for types of machines that require different energy controls. In July 2002, OSHA resubmitted this ICR requesting a burden increase of 745,351 hours for the energy control procedure requirement to "better reflect the fact that larger establishments, with more varied types of equipment, will have a substantially greater burden in assuring that their general procedures meet all of the requirements of the Standard." This is not consistent with the original regulatory impact analysis, which assumed one generic procedure per worksite. Further, commenters argue that OSHA continues to underestimate the burden. To address this issue, OSHA shall conduct an economic analysis of this Standard, and any subsequent guidance, to look at the regulatory impact of the standard as currently interpreted and enforced (compared to industry practice before the Standard was promulgated in 1989). OSHA shall examine the question of whether employers with lockout/tagout procedures in place prior to 1989 had to take any additional action upon promulgation of the standard. OSHA shall report to OMB the results of this analysis upon resubmission of this ICR in May 2004. Further, OSHA will provide OMB with written descriptions of particular equipment (with multiple energy sources) and controls at one or more manufacturing facilities subject to this Standard, as well as the minimally acceptable written energy control procedure or procedures that would satisfy OSHA's current interpretation of the Standard. OSHA will also provide examples of procedures that do not satisfy the standard because they are too general ( such material will not be made part of the public docket).
Inventory as of this Action
Requested
Previously Approved
05/31/2004
05/31/2004
11/30/2002
94,561,759
0
94,561,759
2,462,279
0
2,450,698
0
0
0
The collections of information contained in the standard are needed to reduce injuries and deaths in the workplace that occur when employees are engaged in maintenance, repair, and other service related activities requiring the control of potentially hazardous energy.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Standard on the Control of Hazardous Energy Sources (Lockout/Tagout) (29 CFR 1910.147)