Submission for OMB Review; Comment Request

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-

T[email protected].

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