[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22844-22846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10036]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0008]


Construction Fall Protection Systems Criteria and Practices and 
Training Requirements; 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 comments concerning its proposal to 
extend OMB approval of the information collection requirements 
contained in the construction standards on Fall Protection Systems 
Criteria and Practices (29 CFR 1926.502) and Training Requirements (29 
CFR 1926.503).

DATES: Comments must be submitted (postmarked, sent, or received) by 
June 29, 2010.

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,

[[Page 22845]]

OSHA Docket No. OSHA-2010-0008, U.S. Department of Labor, 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 this Information Collection Request (ICR) (OSHA 
Docket No. OSHA-2010-0008). 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 or 
Todd Owen at the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Michael Buchet, Office of Construction 
Services, Directorate of Construction, OSHA, U.S. Department of Labor, 
Room N-3476, 200 Constitution Avenue, NW., Washington, DC 20210; 
telephone (202) 693-2020.

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 pre-
clearance 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 understandable, and OSHA's 
estimate of the information collection burden is correct. The 
Occupational Safety and Health Act of 1970 (the OSH Act) 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 Standards on Construction Fall Protection Systems Criteria and 
Practices (29 CFR 1926.502) and Training Requirements (29 CFR 1926.503) 
ensure that employers provide the required fall protection for their 
workers. Accordingly, these standards have the following paperwork 
requirements: Paragraphs (c)(4)(ii) and (k) of 29 CFR 1926.502, which 
specify certification of safety nets and development of fall protection 
plans, respectively, and paragraph (b) of 29 CFR 1926.502, which 
requires employers to certify training records. The training 
certification requirement specified in paragraph (b) of 29 CFR 1926.503 
documents the training provided to workers potentially exposed to fall 
hazards. A competent person must train these workers to recognize fall 
hazards and in the use of procedures and equipment that minimize these 
hazards. An employer must verify compliance with this training 
requirement by preparing and maintaining a written certification record 
that contains the name or other identifier of the worker receiving the 
training, the date(s) of the training, and the signature of the 
competent person who conducted the training, or of the employer.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    <bullet> Whether the proposed information collection requirements 
are necessary for the proper performance of the Agency's functions, 
including whether the information is useful;
    <bullet> 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;
    <bullet> The quality, utility, and clarity of the information 
collected; and
    <bullet> 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 collection 
of information requirements contained in the construction standards on 
Fall Protection Systems Criteria and Practices (29 CFR 1926.502) and 
Training Requirements (29 CFR 1926.503). OSHA is requesting a 26,974 
burden hour reduction, from 484,082 hours to 457,108 as a result of new 
information indicating that the estimates of the number of safety net 
certifications, safety net installations, and fall protection plans 
should be lowered. The Agency will summarize the comments submitted in 
response to this notice, and will include this summary in its request 
to OMB to extend the approval of these information collection 
requirements.
    Type of Review: Extension of a currently approved collection.
    Title: Construction Fall Protection Systems Criteria and Practices 
(29 CFR 1926.502) and Training Requirements (29 CFR 1926.503).
    OMB Number: 1218-0197.
    Affected Public: Business or other for-profits; Federal Government; 
State, Local, or Tribal Government.
    Number of Responses: 5,702,775.
    Frequency of Recordkeeping: On occasion, annually.
    Average Time per Response: Time per response ranges from 5 minutes 
(.08 hour) to certify a safety net to 1 hour to develop a fall 
protection plan.
    Estimated Total Burden Hours: 457,108.
    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 this ICR (Docket No. OSHA-2010-0008). 
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 your electronic comments 
by your full name, date, and 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

[[Page 22846]]

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

    David Michaels, Ph.D., MPH, 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 31160).

    Signed at Washington, DC, on April 26, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-10036 Filed 4-29-10; 8:45 am]
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