[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)][Notices][Pages 77850-77852]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32050]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0858]
Permit-Required Confined Spaces; 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 its proposal to
extend OMB approval of the information collection requirements
contained in the Standard on Permit-Required Confined Spaces (29 CFR
1910.146). 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.
DATES: Comments must be submitted (postmarked, sent, or received) by
February 13, 2012.
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-2011-0858,
Occupational Safety and Health Administration, 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 (OSHA-2011-0858) for the Information Collection Request
(ICR). 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 at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.
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
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 (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 clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) 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 OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
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" when 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 when a host employer
arranges for employees of another employer (contractor) to perform work
that involves permit-space entry the host employer must inform the
contractor that the workplace contains permit spaces and that permit
space entry is allowed only following compliance with a permit-space
program meeting the requirements of this section.
Section 1910.146(c)(8)(ii) requires that the employer inform 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 inform the contractor of any precautions or procedures that
the host employer has implemented to protect 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.
Section 1910.146(c)(9)(iii) requires that the contractor inform the
host employer of the permit-space program that the contractor will
follow and of any hazards confronted or created in permit spaces; the
contractor will inform the host employer either through a debriefing or
during the entry operation.
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.
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 theinformation 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 know 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) has been
accomplished by preparing a written certification record.
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 a 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 who holds 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.
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.
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 its approval of the information
collection requirements contained in the Standard on Permit-Required
Confined Spaces (29 CFR 1910.146). OSHA is proposing to decrease the
existing burden hour estimate for the collection of information
requirements specified by the Standard from 1,475,091 hours to
1,433,443 hours, for a total decrease of 41,648 hours. This adjustment
was due to updated data that indicated a slight decline in the number
of establishments with permit spaces, permit-space programs, and
permit-space entrants. The Agency will summarize the comments submitted
in response to this notice and will include this summary in the request
to OMB.
Type of Review: Extension of a currently approved collection.
Title: Permit-Required Confined Spaces (29 CFR 1910.146).
OMB Number: 1218-0203.
Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local, or Tribal Government.
Number of Respondents: 209,045.
Frequency of Response: On occasion.
Average Time per Response: Varies from one minute (.02 hour) to
maintain a certificate to 16 hours to develop a written permit-space
entry program.
Estimated Total Burden Hours: 1,433,443.
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 the ICR (Docket No. OSHA-2011-0858). 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 name, date, and the 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 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 dates 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. 5-2010
(72 FR 55355).
Signed at Washington, DC, on December 9, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-32050 Filed 12-13-11; 8:45 am]
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