[Federal Register Volume 63, Number 233 (Friday, December 4, 1998)]
[Notices]
[Pages 67136-67139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32255]
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DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review; Comment Request
November 30, 1998.
The Department of Labor (DOL) has submitted the following public
information collection requests (ICRs) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). A copy of
each individual ICR, with applicable supporting documentation, may be
obtained by calling the Department of Labor, Departmental Clearance
Officer, Todd R. Owen ({202} 219-5096 ext. 143) or by E-Mail to Owen-
Todd@dol.gov.
Comments should be sent to the Office of Information and Regulatory
Affairs, Attn: OMB Desk Officer for, ESA, MSHA, OSHA Office of
Management and Budget, Room 10235, Washington, DC 20503 ({202} 395-
7316), within 30 days from the date of this publication in the Federal
Register.
The OMB is particularly interested in comments which:
* Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
* Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
* Enhance the quality, utility, and clarity of the information to
be collected; and
* Minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Agency: Employment Standards Administration.
Title: Representative Fee Request.
OMB Number: 1215-0078 (extension).
Frequency: On occasion.
Affected Public: Business or other for-profit; Individuals or
household.
Number of Respondents: 14,000.
Estimated Time Per Respondent: 20 to 90 minutes.
Total Burden Hours: 10,000.
Total Annualized Capital/startup Costs: 0.
Total Annual (operating/maintaining): 17,150.
Description: Individuals filing for compensation benefits with the
Office of Workers' Compensation Programs (OWCP) may be represented by
an attorney or other representative. The representative is entitled to
request a fee for services under 20 CFR 10.145 (Federal Employees'
Compensation Act) and 20 CFR 702.132 (Longshore and Harbor Workers'
Compensation Act). The fee must be approved by the OWCP before any
demand for payment can be made by the representative.
Agency: Employment Standards Administration.
Title: The Black Lung Provider Enrollment Form.
OMB Number: 1215-0137 (extension).
Agency Number: CM-1168.
Frequency: On occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 4,000.
Estimated Time Per Respondent: Three to seven minutes.
Total Burden Hours: 300.
Total Annualized Capital/startup Costs: 0.
[[Page 67137]]
Total Annual (operating/maintaining): 1,400.
Description: ESA's Division of Coal Mine Workers' Compensation
(DCMWC) is responsible for maintaining a list of authorized treating
physicians and medical facilities in the area of a miner's residence
and for payment of certain medical bills and services provided to the
miner under the Black Lung Benefits Act. This form is sent to and
completed by new providers who wish to participate in providing medical
services to miners. The information provided is used by DCMWC to create
a data base identifying medical providers by name, address, and billing
information, and the type of medical service they will provide.
Agency: Employment Standards Administration.
Title: Request for Information on Earnings, Dual Benefits,
Dependents and Third Party Settlements.
OMB Number: 1215-0151 (revision).
Frequency: Annually.
Affected Public: Individuals or household.
Number of Respondents: 50,000.
Estimated Time Per Respondent: 20 minutes.
Total Burden Hours: 16,666.
Total Annualized Capital/startup Costs: 0.
Total Annual (operating/maintaining): $17,500.
Description: The Department of Labor is seeking approval to revise
this information collection to include a question asking if the
respondent has ever been convicted of a fraud related offense in
connection with the application or receipt of worker's compensation
benefits. It also asks whether the respondent has been incarcerated for
any period during the last 15 months for any felony offense. These
additional questions are necessitated by 5 U.S.C. 8148(a), which
provides that an individual convicted of any violation related to fraud
in the application for, or receipt of, any compensation benefit,
forfeits (as of the date of such conviction) any entitlement to such
benefits for any injury occurring on or before the date of conviction.
Also, 5 U.S.C. 8148(b)(1) requires that no Federal compensation benefit
can be paid to any individual for any period during which such
individual is incarcerated for any felony offense.
Agency: Occupational Safety and Health Administration.
Title: Confined and Enclosed Spaces and Other Dangerous Atmospheres
in Shipyard Employment (29 CFR part 1915)
OMB Number: 1218-0011 (extension).
Frequency: Varies (Daily, On Occasion).
Affected Public: Business or other for-profit; Not for-profit
institutions; Federal Government; State, local or tribal.
Number of Respondents: 82,560.
Estimated Time Per Respondent: Varies from 2 minutes to 5 minutes.
Total Burden Hours: 136,403.
Total Annualized Capital/startup Costs: 0.
Total Annual (operating/maintaining): 0.
Description: The Occupational Safety and Health Act of 1970 (the
Act) authorizes the promulgation of such health and safety standards as
are necessary or appropriate to provide safe or healthful employment
and places of employment. The statute specifically authorizes
information collection by employers as necessary or appropriate for the
enforcement of the Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents.
The information collection requirements contained in the standard
on Confined and Enclosed Spaces and Other Dangerous Atmospheres in
Shipyard Employment (29 CFR part 1915) are necessary for the protection
of employees exposed to hazardous atmospheres in shipyard employment.
Hazardous atmospheres, whether toxic, flammable or oxygen deficient/
enriched, are found throughout shipyard employment, in shipbuilding,
ship breaking, repair and land side activities. Before employees can
work in spaces that may contain hazardous atmospheres, the spaces must
be inspected and often tested to determine atmospheric contents. In
some situations, the testing is done by a Marine Chemist, Coast Guard
Authorized Person, or certified industrial hygienist and a hot work
certificate is issued and posted. To make sure the atmosphere in a
space remains safe for workers, retesting is required. In the vast
majority of situations, a Shipyard Competent Person (SCP) will test the
space, record and maintain the results and post instructions for the
workers to follow prior to or during work in the space. The SCP must
also retest as necessary to maintain safe conditions.
Employees who must enter spaces that may contain hazardous
atmospheres must be certified that they have received training and a
record of the certification maintained by the employer.
Employers and employees are unable to recognize, flammable or
oxygen deficient/enriched atmospheres in spaces without first testing
to determine that hazardous conditions exist. By requiring employers,
under 29 CFR 1915.7, to ensure that employees have the ability and
knowledge to recognize, test for, and remove these hazards and to
specifically assign certain duties to these employees, OSHA is reducing
the incidence of accidents caused by hazardous atmospheres within
shipyard employment, including but not limited to, vessels and vessel
sections.
Agency: Occupational Safety and Health Administration.
Title: Control of Hazardous Energy Sources (Lockout/Tagout) (29 CFR
1910.147).
OMB Number: 1218-0132 (extension).
Frequency: Varies (Initially, Yearly, On Occasion).
Affected Public: Business or other for-profit; Not for-profit
institutions; Federal Government; State, Local or Tribal Government.
Number of Respondents: 462,340.
Estimated Time Per Respondent: Varies from 15 seconds to 2.5 hours.
Total Burden Hours: 818,098.
Total Annualized Capital/startup Costs: 0.
Total Annual (operating/maintaining): 0.
Description: The Occupational Safety and Health Act of 1970 (the
Act) authorizes the promulgation of such health and safety standards as
are necessary or appropriate to provide safe or healthful employment
and places of employment. The statute specifically authorizes
information collection by employers as necessary or appropriate for the
enforcement of the Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents.
The collections of information contained in the standard on the
Control of Hazardous Energy Sources (Lockout/Tagout) 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. The
employer will use the information in the procedures he or she develops
to provide employees with a clear understanding of uniform and safe
methods for the application and removal of energy control measures
involving work on machines or equipment, thereby reducing accident
probability. In addition, the information will be used by employers to
enable them to pinpoint methods and operations currently in use that
may require additional attention. The failure to provide and maintain
access to this information will significantly impair the
[[Page 67138]]
Occupational Safety and Health Administration's effort to control or
reduce injuries and fatalities in the workplace that are associated
with these activities and conditions.
Agency: Occupational Safety and Health Administration.
Title: Electrical Standards for Construction (29 CFR part 1926,
Subpart K).
OMB Number: 1218-0130 (revision).
Frequency: Initially, On Occasion.
Affected Public: Business or other for-profit; Not for-profit
institutions; Federal Government; State, Local or Tribal Government.
Number of Respondents: 278,500.
Estimated Time Per Respondent: Varies from .02 to .17 hour.
Total Burden Hours: 53,001.
Total Annualized Capital/startup Costs: 0.
Total Annual (operating/maintaining): 0.
Description: The Occupational Safety and Health Act of 1970 (the
Act) authorizes the promulgation of such health and safety standards as
are necessary or appropriate to provide safe or healthful employment
and places of employment. The statute specifically authorizes
information collection by employers as necessary or appropriate for the
enforcement of the Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents.
In the Electrical Standards for Construction (29 CFR part 1926,
Subpart K), the written description of the Assured Equipment Grounding
Conductor Program (AEGP) required by 1926.404(b)(1)(iii) allows
employers, employees, and OSHA compliance officers to determine how the
requirements of the standard are being met, including the method of
recording tests. For example, the employer's written program might
specify the use of yellow tape to color code every tool and cord set.
By referring to the written program, OSHA compliance officers and other
persons can easily determine if the employer is complying with the
program.
The posting of warning signs enables employees to avoid accidental
contact of electrical equipment used on construction sites. Contact
with unguarded live electrical parts, especially at high voltage, can
be hazardous to employees.
The tagging of controls, equipment and circuits its intended to
prevent the inadvertent reactivation of the controls, equipment and
circuits while they are being serviced.
Agency: Occupational Safety and Health Administration.
Title: Presence Sensing Device Initiation (PSDI) (29 CFR
1910.217(h)).
OMB Number: 1218-0143 (extension).
Frequency: Varies (Initially, Yearly, On Occasion).
Affected Public: Business or other for-profit; Not for-profit
institutions; Federal Government; State, Local or Tribal Government.
Number of Respondents: 0.
Estimated Time Per Respondent: Varies from .02 to .17 hour.
Total Burden Hours: 1.
Total Annualized Capital/startup Costs: 0.
Total Annual (operating/maintaining): 0.
Description: The Occupational Safety and Health Act of 1970 (the
Act) authorizes the promulgation of such health and safety standards as
are necessary or appropriate to provide safe or healthful employment
and places of employment. The statute specifically authorizes
information collection by employers as necessary or appropriate for the
enforcement of the Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents.
The collections of information contained in the Presence Sensing
Device Initiation (PSDI) standard are considered essential for ensuring
the safety of employees using presence sensing devices. The requirement
for affixing test rod instructions label to the presence sensing
device--1910.21(h)(10)(I)--enhances the proper and essential device
testing. Because operator safety depends on the PSDI safety system,
conforming with the equipment testing and checking requirements is
absolutely essential for worker safety.
The requirements for certification/validation 1910.217(h)(11)(I)
through (vi), (13), and Appendices A and C--ensure that the design,
installation, and ongoing maintenance of the safety system is
objectively evaluated for conformance with all applicable requirements
of the section. The section further requires notification of unplanned
incidents such as component failures and accidents which could impair
the continuing safety of the system. For employees, employers, OSHA
compliance and consultation personnel, insurance authorities, and
others involved to be able to recognize easily that the system meets
OSHA standards, the press must be labeled to affirm validation/
certification. Submitting copies of accident reports to the validation
organization is necessary to assure that the validation organization
will have knowledge of field experience in this mode of press operation
and will be able to incorporate any lessons learned from the accidents
into the certification/validation program provisions.
Because this rule permits a mode of operation which previously was
prohibited, OSHA believes it is especially essential to verify that
this method does not compromise worker safety. The certification/
validation program provides a method to ensure that the press and
related equipment are properly arranged and that the installation does
not become degraded over time. It should be noted that although OSHA
uses the term ``certification'' for this process, it should not be
confused with the use of the word as addressed in the Office of
Management and Budget (OMB) implementing regulations for the Paperwork
Reduction Act, to reflect a minimal information collection method. The
word ``certification'' in this rulemaking is based on the American
National Standard ANSI Z31.1.1.-1987, and is nationally recognized as
describing a broad, comprehensive, well-defined program for ensuring
product or material conformance with established standards.
OSHA believes the burden for this information collection request is
minimal as employers have not incurred any paperwork to comply with the
standard because they have not elected to use PSDI features on their
power presses. OSHA is requesting one hour approval from OMB in the
event an employer may wish to use a PSDI, which will trigger the
collection of information requirements.
Agency: Mine Safety and Health Administration.
Title: Refuse Piles and Impounding Structures, Recordkeeping and
Reporting Requirements.
OMB Number: 1219-0015 (Extension).
Frequency: On Occasion.
Affected Public: Business or other for-profit.
Estimated Time Per Respondent: 128 hours.
Number of Respondents: 12,768.
Total Burden Hours: 96,688.
Total Annualized Capital/startup Costs: 0.
Total Annual (operating/maintaining): $0.
Description: Requires coal mine operations submit to MSHA an annual
status report and certification on impoundments and hazardous refuse
piles; and to keep records of the results of weekly examinations and
instrumentation monitoring impounds.
Agency: Mine Safety and Health Administration.
[[Page 67139]]
Title: Records of Tests and Examinations of Personnel Hoisting
Equipment.
OMB Number: 1219-0034 (extension).
Frequency: On Occasion.
Affected Public: Business or other for-profit.
Number of Respondents: 360.
Estimated Time Per Respondent: 96 hours.
Total Burden Hours: 34,460.
Total Annualized Capital/startup Costs: $0.
Total Annual (operating/maintaining): $0.
Description: Coal mine operators are required to test and inspect
the personnel hoisting system to ensure that the system remains safe to
operate. Any deficiencies found are to be recorded, corrected and, a
record made and maintained for one year.
Todd R. Owen,
Departmental Clearance Officer.
[FR Doc. 98-32255 Filed 12-3-98; 8:45 am]
BILLING CODE 4510-26-M
