[Federal Register: November 2, 2005 (Volume 70, Number 211)][Notices] [Page 66468-66469]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no05-135]
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DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review: Comment Request
October 31, 2005.
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 ICR, with applicable supporting documentation, may be obtained by
contacting Darrin King on 202-693-4129 (this is not a toll-free number)
or e-mail: king.darrin@dol.gov.
Comments should be sent to Office of Information and Regulatory
Affairs, Attn: OMB Desk Officer for the Occupational Safety and Health
Administration (OSHA), Office of Management and Budget, Room 10235,
Washington, DC 20503, 202-395-7316 (this is not a toll-free number),
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: Occupational Safety and Health Administration.
Type of Review: Extension of currently approved collection.
Title: Permit-Required Confined Spaces (29 CFR 1910.146).
OMB Number: 1218-0203.
Frequency: On occasion.
Type of Response: Recordkeeping and Third party disclosure.
Affected Public: Business or other for-profit; Not-for-profit
institutions; Federal Government; and State, Local, or Tribal
Government.
Number of Respondents: 238,853.
Number of Annual Responses: 9,124,977.
Estimated Time Per Response: Varies from 1 minute to maintain a
certificate to 16 hours to develop a written permit space entry
program.
Total Burden Hours: 1,523,763.
Total Annualized capital/startup costs: $0.
Total Annual Costs (operating/maintaining systems or purchasing
services): $.
Description: 29 CFR 1910.146 specifies a number of collections of
information requirements. The collections of information are used by
employers and employees whenever entry is made into permit-required
confined spaces. The following sections describe who uses the
information collected under each requirement, as well as how they use
it. The purpose of the information is to ensure that employers
systematically evaluate the dangers in permit spaces before entry is
attempted and to ensure that adequate measures are taken to make the
spaces safe for entry. In addition, the information is needed to
determine, during an OSHA inspection by a compliance safety and health
officer, if employers are in compliance with the Standard.
Section 1910.146(c)(2) requires the employer to post danger signs
to inform exposed employees of the existence and location of, and the
danger posed by, permit spaces.
Section 1910.146(c)(4) requires the employer to develop and
implement a written "permit space program" if the employer decides
that its employees will enter permit spaces. The written program is to
be made available for inspection by employees and their authorized
representatives. Section 1910.146(d) provides the employer with the
requirements of a permit-required confined space program ("permit
space program") required under this paragraph.
Section 1910.146(c)(5)(i)(E) requires that the determinations and
supporting data specified by paragraphs (c)(5)(i)(A), (c)(5)(i)(B), and
(c)(5)(i)(C) of this section are documented by the employer and are
made available to each employee who enters a permit space or to that
employee's authorized representative.
Under paragraph (c)(5)(ii)(H) of Sec. 1910.146, the employer is
required to verify that the space is safe for entry and that the pre-
entry measures required by paragraph (c)(5)(ii) of this section have
been taken, using a written certification that contains the date, the
location of the space, and the signature of the person providing the
certification. The certification is to be made before entry and is
required to be made available to each employee entering the space or to
that employee's authorized representative.
Section 1910.146(c)(7)(iii) requires the employer to document the
basis for determining that all hazards in a permit space have been
eliminated using a certification that contains the date, the location
of the space, and the signature of the person making the determination.
The certification is to be made available to each employee entering the
space or to that employee's authorized representative.
Section 1910.146(c)(8)(i) requires that the employer inform the
contractor that the workplace contains permit spaces and that permit
space entry is allowed only through compliance with a permit space
program meeting the requirements of this section. Section
1910.146(c)(8)(ii) requires that the employer apprise the contractor of
the elements, including the hazards identified and the host employer's
experience with the space, that make the space in question a permit
space. Section 1910.146(c)(8)(iii) requires that the employer apprise
the contractor of any precautions or procedures that the host employer
has implemented for the protection of employees in or near permit
spaces where contractor personnel will be working. Section
1910.146(c)(8)(v) requires the employer to debrief the contractor at
the conclusion of the entry operations regarding the permit space
program followed and regarding any hazards confronted or created in
permit spaces during entry operations.\1\
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\1\ These sections identify usual and customary communications
between employers, contractors, and employees; therefore, they do
not impose burden hours or costs on the employer. For example, as a
matter of business practice, information about hazards and permit-
required confined spaces, etc., would be conveyed to contractors
during initial discussions of work to be performed.
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Section 1910.146(c)(9)(iii) requires that the contractor inform the
host employer of the permit space program
[[Page 66469]]
that the contractor will follow and of any hazards confronted or
created in permit spaces, either through a debriefing or during the
entry operation.\2\
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\2\ See footnote 1.
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Section 1910.146(d)(5)(vi) requires the employer to immediately
provide each authorized entrant or that employee's authorized
representative with the results of any testing conducted in accordance
with paragraph (d) of this section.\3\
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\3\ See footnote 1.
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Section 1910.146(e)(1) requires the employer to document the
completion of measures required by paragraph (d)(3) by preparing an
entry permit before employee entry is authorized. Paragraph (f) of
Sec. 1910.146 specifies the information to be included on the entry
permit. Paragraph (e)(3) requires that the employer make the completed
permit available at the time of entry to all authorized entrants by
posting the permit at the entry portal or by any other equally
effective means, so that the entrants can confirm that pre-entry
preparations have been completed. Paragraph (e)(6) requires the
employer to retain each canceled entry permit for at least one year.
Section 1910.146(g)(4) requires that the employer certify that the
training required by paragraphs (g)(1) through (g)(3) \4\ has been
accomplished by preparing a written certification record.
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\4\ The Agency concludes that the training required under Sec.
1910.146(g)(1) through (g)(3) and (k)(2)(ii) and (k)(2)(iii) Sec.
1910.146(k) is written in performance-oriented language and, thus,
not considered a collection of information under the implementing
rules and guidelines of PRA-95.
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Section 1910.146(k)(1)(iv) requires that the employer inform each
rescue team or service of the hazards they may confront when called on
to perform rescue at the site.
Section 1910.146(k)(2)(ii) requires that the employer train
affected employees to perform assigned rescue duties. The employer must
ensure that such employees successfully complete the training required
to establish proficiency as an authorized entrant, as provided by
paragraphs (g) and (h) of this section. Section 1910.146(k)(2)(iii)
requires that the employer train affected employees in basic first-aid
and cardiopulmonary resuscitation (CPR). The employer shall ensure that
at least one member of the rescue team or service holding a current
certification in first aid and CPR is available.
Section 1910.146(k)(4) requires that if an injured entrant is
exposed to a substance for which a Material Safety Data Sheet (MSDS) or
other similar written information is required to be kept at the
worksite, that the employer make the MSDS or written information
available to the medical facility treating the exposed entrant.\5\
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\5\ The burden hours and cost for MSDS accessibility is taken
under OMB Control Number 1218-0072 (the Hazard Communication
Standard (HCS) ICR).
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Section 1910.146(l)(2) requires that employers make all information
required to be developed by this section available to affected
employees and their authorized representatives.\6\
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\6\ See footnote 1.
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Agency: Occupational Safety and Health Administration.
Type of Review: Extension of currently approved collection.
Title: Vehicle-Mounted Elevating and Rotating Work Platforms
(Aerial Lifts) (29 CFR 1910.67).
OMB Number: 1218-0230.
Frequency: On occasion.
Type of Response: Recordkeeping and Third party disclosure.
Affected Public: Business or other for-profit; Not-for-profit
institutions; Federal Government; and State, Local, or Tribal
Government.
Number of Respondents: 1,000.
Number of Annual Responses: 1,014.
Estimated Time Per Response: Varies from 1 minute to maintain the
manufacturer's certification record to 2 minutes to disclose it to an
OSHA Compliance Officer.
Total Burden Hours: 21.
Total Annualized capital/startup costs: $0.
Total Annual Costs (operating/maintaining systems or purchasing
services): $0.
Description: OSHA's Vehicle-Mounted Elevating and Rotating Work
Platforms Standard (29 CFR 1910.67) (the "Standard") specifies one
paperwork requirement.
Manufacturer's Certification of Modification (paragraph (b)(2)).
The Standard requires that when aerial lifts are "field modified" for
uses other than those intended by the manufacturer, the manufacturer or
other equivalent entity, such as a nationally recognized testing
laboratory, must certify in writing that the modification is in
conformity with all applicable provisions of ANSI A92.2-1969 and the
OSHA Standard and that the modified aerial lift is at least as safe as
the equipment was before modification. Employers are to maintain the
certification record and make it available to OSHA compliance officers.
This record provides assurance to employers, employees, and compliance
officers that the aerial lift is safe for use, thereby preventing
failure while employees are being elevated. The certification record
also provides the most efficient means for the compliance officers to
determine that an employer is complying with the Standard.
Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. 05-21843 Filed 11-1-05; 8:45 am]
BILLING CODE 4510-26-P
