[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Notices]
[Pages 11118-11119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03802]


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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 comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to 
extend OMB approval of the information collection requirements 
contained in the Construction Standards on Fall Protection Systems 
Criteria and Practices, and Training Requirements.

DATES: Comments must be submitted (postmarked, sent, or received) by 
April 27, 2020.

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 a copy of your comments and 
attachments to the OSHA Docket Office, Docket No. OSHA-2010-0008, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210. 
Deliveries (hand, express mail, messenger, and courier service) are 
accepted during the OSHA Docket Office's normal business hours, 10:00 
a.m. to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the 
OSHA docket number (Docket No. OSHA-2010-0008) for this Information 
Collection Request (ICR). All comments, including any personal 
information you provide, such as social security number and date of 
birth, 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 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 from 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: Office of Construction Services, 
Directorate of Construction, OSHA, U.S. Department of Labor, telephone: 
(202) 693-2020.

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, 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

[[Page 11119]]

certification of safety nets and development of fall protection plans, 
respectively, and paragraph (b) of 29 CFR 1926.503, 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 in 
construction. 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:
     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 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. OSHA is requesting a burden hour increase, from 
425,844 to 471,232 hours, a difference of 45,388 hours. The increase is 
primarily a result of a higher estimate of employers who must comply 
with the collections of information as well as the way the agency is 
now calculating burden hours. The hours are calculated using fractions 
instead of decimals, as the agency believes that it is easier for the 
public to follow this methodology.
    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 Control Number: 1218-0197.
    Affected Public: Business or other for-profits; Federal Government; 
State, Local, or Tribal Government.
    Number of Responses: 5,645,796.
    Frequency of Recordkeeping: On occasion, annually.
    Average Time per Response: Time per response ranges from 5 minutes 
(5/60 hour) to certify a safety net to 1 hour to develop a fall 
protection plan.
    Estimated Total Burden Hours: 471,232.
    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 (Docket No. OSHA-2010-0008) for the ICR. 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 the docket number so 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. 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 from 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 for information about materials not available 
from 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 February 20, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2020-03802 Filed 2-25-20; 8:45 am]
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